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WOLF APPLIANCE, INC. v. VIKING RANGE CORP.

12.02.10

United States District Court, W.D. Wisconsin.

February 11, 2010.

BARBARA B. CRABB, District Judge.

Plaintiff Wolf Appliance, Inc. contends that defendant Viking Range Corp.'s use of red knobs on its ranges and rangetops constitutes federal trademark infringement in violation of 15 U.S.C. §§ 1114-1118 and unfair competition in violation of 15 U.S.C. § 1125(a) and the common law. In response to plaintiff's complaint, defendant filed an answer and counterclaims, seeking a declaration that plaintiff's trademark is invalid and that defendant did not infringe the trademark and an order canceling the registration of plaintiff's trademark under 15 U.S.C. § 1119. Now before the court is plaintiff's motion for a preliminary injunction, dkt. #5, in which plaintiff seeks an order that would enjoin defendant from advertising, promoting, offering or selling red knobs while the case is pending. An evidentiary hearing on the motion was held on February 5, 2010. After considering the facts and arguments presented in the parties' briefs and at the hearing, I conclude that plaintiff has shown a reasonable likelihood of prevailing on its trademark infringement claims. I conclude also that plaintiff has shown a likelihood of irreparable harm, that the balance of the harms favors plaintiff and that the public interest would not be disserved by a grant of an injunction. Jurisdiction for plaintiff's trademark infringement and unfair competition claims is present under 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a) because this is a matter arising under the Trademark Laws of the United States, §§ 15 U.S.C. 1051-1127.

Source: Leagle.com