The court denied the defendant’s motion to dismiss and granted the preliminary injunction. The Court noted that the defendant does not use the entire trademark claimed by the plaintiff, however, the trademarks need only be sufficiently similar in appearance, with greater weight given to the dominant or salient portions of the marks. Because the dominant portion of the trademark is GEORGE SINK the court reasoned that there could be consumer confusion. With respect to the fact that the defendant’s name is the trademark in dispute, the court found that the mere fact that the trademark is George Sink Jr.’s given name does not automatically shield him from allegations of infringement. The law does not generally afford the defendants an unlimited right to use their own surnames in business.