United States Seventh Circuit

In plaintiff's action against defendant-cable television company claiming that it pirated Russian-language satellite television programming to enable it to compete unfairly against plaintiff's legitimate business, grant of a preliminary injunction enjoining defendant and others from distributing Russian-language television to twenty specific apartment houses where they had been operating illegally is affirmed where: 1) the district court did not abuse its discretion in writing the injunction as it did; 2) defendants did not raise the preemption defense until after they had appealed the preliminary injunction and, as such, it is not appropriate to overturn an injunction on the basis of a defense that the district court had no opportunity to consider; 3) defendants' contentions that the plaintiff is not an "aggrieved party" are without merit; and 4) the district court properly rejected a res judicata defense.

Appellate Information

• Decided 03/10/2010
• Published 03/10/2010

Judges

Court

• United States Seventh Circuit

Counsel