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Injunctive Relief

Preliminary Injunction Denied In Tequila Case

December 22, 2022 msmithCopyrights and Trademarks, Injunctive Relief, SDTX, TEXIPLAWBLOG

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The plaintiff alleged that the defendant’s product infringed on its high quality tequila sold in handmade ceramic decanters (and now I want one). In a lengthy, but damned interesting opinion the court concluded that the plaintiff had failed to show a substantial likelihood of success on the merits.

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Request For TRO In Trademark Case

August 30, 2022August 30, 2022 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Injunctive Relief, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

Judge Mazzant denied the request for injunctive relief.

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Enhancement, Attorneys Fees and Injunctions

August 23, 2022August 23, 2022 msmithEnhanced Damages - 35 USC 284, Exceptional Case award - 35 USC 285, Injunctive Relief, TEXIPLAWBLOG, WDTX, WDTX Cases

One out of three’s not … well, maybe it is. And check out the forum selection comment.

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More Bouncy House Fun – This Time With Injunctive Relief As To Colors

July 6, 2022July 6, 2022 msmithInjunctive Relief, SDTX, TEXIPLAWBLOG

In a brief order, Judge Hughes found the requirements for injunctive relief met.

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TRO and Preliminary Injunction Granted

April 25, 2022April 25, 2022 msmithCopyrights and Trademarks, Injunctive Relief, TEXIPLAWBLOG, WDTX, WDTX - Austin

First day back in the office after seeing sights like this for a couple of weeks. Somewhat less interesting, although possibly as rare is this order granting the request in this case involving counterfeit goods in a trademark and copyright infringement case.

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Motion For Preliminary Injunction Denied

March 1, 2022March 1, 2022 msmithInjunctive Relief, NDTX, TEXIPLAWBLOG

This is another patent infringement case between two providers of drilling services.

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What a Default in a Competitor Patent Case Looks Like

February 18, 2022February 18, 2022 msmithInjunctive Relief, TEXIPLAWBLOG, WDTX, WDTX Cases

Looks sorta like an injunction, but without the Section 285 fees.

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Injunction Sought After Trial

February 13, 2022February 13, 2022 msmithEDTEXWEBLOG, EDTX IP, Injunctive Relief, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The issue here was whether the plaintiff could enjoin a competitor’s products post-trial.

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Ex Parte Preliminary Injunction Granted

January 20, 2022January 20, 2022 msmithInjunctive Relief, TEXIPLAWBLOG, WDTX, WDTX Cases

Plaintiff sought and received an ex parte TRO and injunction stopping the sale of unlicensed auto seat covers alleged to infringe a design patent.

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Post-Preliminary Injunction Denial Proceedings

January 17, 2022January 17, 2022 msmithInjunctive Relief, TEXIPLAWBLOG, WDTX, WDTX Cases

MJ Boswell from Annapolis, Md, USA, CC BY 2.0 via Wikimedia Commons

This case answered the question “what happens after Judge Albright denies a preliminary injunction?”

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20+ years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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