This is especially true in copyright and trademark cases, in which "the key issue is the likelihood of success on the merits because the other decisions will flow from that ruling." Keds Corp. Of these four factors, the probability-of-success component is regarded by the First Circuit "as critical in determining the propriety of injunctive relief." Lancor v. 1997) (quoting Ross-Simons of Warwick, Inc. A court must undertake a four-part analysis that takes into account the following considerations: (1) the likelihood of success on the merits (2) the potential for irreparable harm if the injunction is denied (3) the balance of relevant impositions, i.e., the hardship to the nonmovant if enjoined as contrasted with the hardship to the movant if no injunction issues and (4) the effect (if any) on the public interest. The standard for granting a preliminary injunction is well known. The Standard for a Preliminary Injunction Currently before the Court is Precious Moments' request for a preliminary injunction.Ī. Precious Moments brought this action alleging copyright and trademark infringement, unfair competition, and dilution under federal and Puerto Rico law. Defendant Mueblería Andalucía, Inc., is a furniture store that relatively recently began selling baby bedding purchased from La Infantil. Some of the bedding it sells is manufactured by Teresita Martin Sewing Service from authentic, lawfully-acquired Precious Moments fabrics. Defendant La Infantil, Inc., is a retail store that sells baby products, including furniture, bedding, clothes, and accessories. Plaintiff Precious Moments, Inc., is a company engaged in the business of licensing the "Precious Moments" trademark and artwork to licensees who manufacture and distribute numerous products, including such items as greeting cards, figurines, stationery, jewelry, *67 dolls, and, most significantly for purposes of the instant case, fabrics, baby bedding, and baby accessories. White, Chicago, IL, of counsel), for Plaintiff. Puerto Rico.įrank Gotay-Barquet, San Juan, PR (James P.
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