RXD Media, LLC v. IP Application Development LLC et al
MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 6/21/2019. (See order for further details). (acha, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Case No. l:18-cv-486
IP APPLICATION DEVELOPMENT et al..
This matter comes before the Court on Apple's Motion for a Permanent Injunction. Dkt.
110. For the following reasons the Motion is granted.
A party seeking an injunction must demonstrate "(1) it has suffered an irreparable injury;
(2)remedies available at law are inadequate;(3)the balance of the hardships favors the party
seeking the injunction; and (4)the public interest would not be disserved by the injunction."
PBM Prods., LLC v. Mead Johnson & Co.,639 F.3d 111, 126(4th Cir. 2011).
A. Irreparable Injury
Typically, a party seeking an injunction must show it would suffer irreparable injury if
the injunction was not granted. Lone Star Steakhouse & Saloon, Inc. v. Alpha of Virginia, Inc.,
43 F.3d 922,938 (4th Cir. 1995). Although not going so far as to hold irreparable injury always
follows from trademark infringement, the Fourth Circuit has held "irreparable injury regularly
follows from trademark infringement." Id. at 939. A finding of trademark infringement coupled
with evidence of actual consumer confusion may be sufficient to demonstrate irreparable injury.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?