Judge Denies Scheduling Changes in Foundry-Adobe Trademark Dispute, Criticizes Both Sides for Diligence

SAN FRANCISCO (LN) — U.S. District Judge Noël Wise on Friday denied motions from both The Foundry Visionmongers Ltd. and Adobe Inc. to alter the briefing schedule for a preliminary injunction hearing in their trademark dispute, admonishing both parties for a lack of diligence.

The Foundry sued Adobe on March 11, 2026, alleging that Adobe’s Foundry Firefly product infringes on The Foundry’s registered trademarks. The company filed a motion for a preliminary injunction on May 6, with a hearing currently set for July 22.

On May 13, The Foundry asked the court to accelerate the hearing to June 17 or earlier. Adobe simultaneously requested an extension of its opposition deadline to June 15. Both parties opposed the other’s request.

Wise rejected both motions, writing that The Foundry’s conduct "belies any urgency." The judge noted that The Foundry waited 56 days after filing its complaint to seek a preliminary injunction, then waited an additional seven days after filing the motion to ask for an earlier hearing date.

"The Court cannot find that an earlier hearing is necessary under such circumstances," Wise wrote.

The judge also criticized Adobe for failing to act promptly in seeking an extension. Adobe first requested a mutual extension from The Foundry on May 8 but did not follow up with an email until May 12.

"Adobe does not explain why it waited four days to follow up—thereby delaying the filing of its motion—when it was well-aware of the impending May 20 opposition deadline," Wise wrote.

The judge further admonished Adobe for filing its motion at 11:22 p.m. on May 13 and requesting a ruling by May 15. Wise noted that Civil Local Rule 6-3(a) requires oppositions to motions to change time to be filed no later than four days after receiving the motion.

"It is unreasonable to request the Court rule on a non-exigent motion in just over 24 hours," Wise wrote. "The Court admonishes Adobe to follow the Court’s standing Order."

The preliminary injunction hearing remains scheduled for July 22, with Adobe’s opposition due May 20.