Justified Preliminary Injunctive Relief
The court granted plaintiffs' unopposed motion for a preliminary injunction regarding their shoe design patents. "[Defendant's] pattern of entering the United States for purposes of selling Alleged Infringing Shoes for a period of just a few days once every six months has hamstrung Plaintiffs’ ability to effectively enforce their patent and trademark rights. On the other hand, [defendant] has many non-infringing footwear designs it could sell instead of the Alleged Infringing Shoes. In view of the foregoing facts, [defendant] took a calculated risk by returning to the United States to continue selling the Alleged Infringing Shoes and the balance of harms tips in Plaintiffs’ favor."
Nike, Inc., et. al. v. QiLoo International Limited, 2-12-cv-00191 (NVD March 22, 2012, Order) (Navarro, J.)