United States Sixth Circuit

A preliminary injunction issued against defendant, restricting her use of a mark's trade dress during the pendency of an underlying infringement action, is reversed where the district court failed to make any findings on the record as to why plaintiff's mark was distinctive.

Appellate Information

• Decided 01/13/2005
• Published 01/13/2005

Judges

• Before:  MOORE and CLAY, Circuit Judges;  HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jack Allen Wheat, Stites & Harbison, Louisville, Kentucky, for Appellant. James R. Higgins, Jr., Middleton Reutlinger, Louisville, Kentucky, for Appellee.   ON BRIEF:  Jack Allen Wheat, Bethany A. Breetz, Stites & Harbison, Louisville, Kentucky, Samuel F. Miller, Stites & Harbison, Nashville, Tennessee, for Appellant. James R. Higgins, Jr., Julie A. Gregory, Robert J. Theuerkauf, Middleton Reutlinger, Louisville, Kentucky, for Appellee.