Thursday, December 2, 2010

High Volume of Sales During Holiday Shopping Season Creates Irreparable Injury Sufficient for TRO

Plaintiff's motion for a temporary restraining order precluding defendants from selling certain handbags was granted. "[Plaintiff] has built a significant reputation in the handbag industry for designing and manufacturing snaps for high-end makers of handbags. . . . [Plaintiff] has no control over a customer’s dissatisfaction with the counterfeit snaps and a company’s reputation and goodwill is not easily compensable. [G]iven the high volume of shopping during the holiday season, [plaintiff] stands to suffer an even more significant injury to its reputation as it is likely that many [defendant] handbags, which include the counterfeit snap fasteners, will be purchased in the coming weeks. Accordingly, the Court concludes that the plaintiff has met its burden in proving a threat of irreparable injury."

Romag Fasteners, Inc. v. Fossil, Inc. et al, 3-10-cv-01827 (CTD November 30, 2010, Order) (Droney, J.)

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