Jumbo Bright Trading Limited, et al. v. The Gap Inc., et al.
Published: Jan. 26, 2013 | Result Date: Dec. 27, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:2012-cv-08932 Bench Decision – Preliminary Injunction Denied
Court
USDC Central
Attorneys
Plaintiff
Defendant
Facts
Jumbo Bright Trading Ltd. and Charles Pozzi sued GAP Inc. for trademark infringement, patent infringement, and the right of publicity in connection with GAP's Phillip loafers. Plaintiffs sought an injunction alleging that GAP's Phillip loafers were confusingly similar to their CP Charles Philip loafers both in design and name. The GAP thereafter ceased manufacturing loafers that bore the disputed Phillip stamp and confirmed the same under oath to Hon. Dean Pregerson. The GAP also agreed to use efforts to exhaust any remaining Phillip inventory within 90 days of the injunction hearing.
Result
The Court denied Plaintiff's application for a preliminary injunction because Plaintiffs failed to show that they were likely to suffer irreparable harm.
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