Quia Corporation v. Mattel, Inc. et al

Filing 36

ORDER DENYING 23 APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING EXPEDITED HEARING FOR MOTION FOR PRELIMINARY INJUNCTION by Judge Jeremy Fogel (jflc3, COURT STAFF) (Filed on 5/28/2010).

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1 **E-Filed 5/28/2010** 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 QUIA CORPORATION, Plaintiff/Counter-Defendant, v. MATTEL, INC. and FISHER-PRICE, INC., Case Number C 10-1902 JF (HRL) ORDER1 DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING EXPEDITED HEARING FOR MOTION FOR PRELIMINARY INJUNCTION [re: docket no. 23] Defendants/Counter-Plaintiffs. Plaintiff seeks a temporary restraining order and preliminary injunction prohibiting Defendants from releasing, marketing, or otherwise promoting their children's educational product under the name iXL. After considering the moving papers, declarations, and exhibits presented by counsel, the Court concludes that Plaintiff will not suffer irreparable injury from Defendants' alleged servicemark infringement, if at all, before the product actually is available for sale to the general public, which will occur at the earliest in late June. (See Defs.' Opp'n 8 ("The Fisher-Price iXL is scheduled to be received by Defendants' distribution centers on or This disposition is not designated for publication in the official reports. 28 C a s e Number C 10-1902 JF (HRL) O R D E R DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING EXPEDITED H E A R IN G FOR MOTION FOR PRELIMINARY INJUNCTION ( JF L C 3 ) 1 2 3 4 5 6 7 8 9 10 11 before June 11, 2010, and is expected to be available for purchase in stores by late June and early July. Erickson Decl. 9-10.).) Accordingly, the application for temporary restraining order will be denied, and Plaintiff's motion for preliminary injunction will be set on an expedited schedule. The motion will be heard on June 11, 2010, at 9:00 A.M. Plaintiff's reply brief is due on June 7, 2010. The Court requests that Plaintiff respond specifically to Defendants' contention that case law establishing a presumption of irreparable harm upon a showing of a likelihood of success on the merits in a trademark case has been abrogated in light of Winter v. Natural Resources Defense Council, 129 S.Ct. 365 (2008). IT IS SO ORDERED. DATED: May 28, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 C a s e Number C 10-1902 JF (HRL) O R D E R DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING EXPEDITED H E A R IN G FOR MOTION FOR PRELIMINARY INJUNCTION ( JF L C 3 ) JEREMY FOGEL United States District Judge

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