Wednesday, January 9, 2013

First Circuit: Dist Ct erred in enjoining Building #19's ad for Swarovski crystal

The First Circuit in Swarovski v. Building No. 19 has reversed a preliminary injunction that would have limited the retailer's ability to advertise a sale of Swarovski Crystal products it had purchased at salvage. Finding that Chief Judge Mary Lisi (D.R.I.) erred in granting preliminary relief without addressing the issue of consumer confusion (important to the "likelihood of success" prong of prelim. inj. analysis) and that the District Court never even considered the matter of irreparable harm.

No comments:

Post a Comment