November 16, 2003 |

Injunction, Intellectual Property

We obtained a TRO preventing the distribution of a competitor’s product, through a major retailer. The matter was originally brought as a trade dress infringement action, but was quickly modified when it was determined that the competing product violated various environmental and consumer safety regulations (it was an air freshener which, if properly labeled, would have stated “Poisonous – Do Not Inhale”). This made it unnecessary to litigate the trade dress issues. The competitor performed a nationwide recall, as required by the TRO, making a Preliminary Injunction unnecessary.