United States Second Circuit

In a trademark infringement action, district court order issuing a preliminary injunction enjoining defendant from selling plaintiff's trademarked products with the unique production code removed is affirmed where district court correctly found that plaintiff was likely to succeed on the merits in its contention that defendant's sales of its products with the UPC removed constituted trademark infringement, as the UPC codes play an important role in controlling quality and helping the trademark owner guard against counterfeits and protect the reputation of the mark.

Appellate Information

• Decided 07/14/2009
• Published 07/14/2009

Judges

• LEVAL, Circuit Judge:, Before:  LEVAL, KATZMANN, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Lis Pearson (Christopher Lick, on the brief;  Adam H. Charnes and W. Andrew Pequignot, of counsel), Kilpatrick Stockton LLP, New York, NY, for Plaintiff-Appellee., Megan Muoi (Nicholas Fortuna, on the brief), Allyn & Fortuna LLP, New York, NY, for Defendant-Appellant.