Opinion
Civil No. 07-5009.
January 2, 2008
ORDER
Now on this 2nd day of January, 2008, comes on for consideration plaintiff's Motion For Release Of Bond Obligation (document #158). The Motion seeks return of a $5,000 bond posted in response to the Court's March 5, 2007, Order granting temporary injunctive relief to plaintiff.
F.R.C.P. 65(c) provides that no preliminary injunction shall issue "except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined."
The bond in question was predicated upon the possibility that defendants — if they prevailed at trial — might be able to show damages from being enjoined from selling their existing inventory of Rotowipers for thirty days, and from painting their own weed wipers aqua. At trial, the jury found that all defendants infringed plaintiff's ROTOWIPER trademark, and infringed plaintiff's aqua color scheme trade dress. These findings by the jury are evidence that the temporary injunction was not granted in error, and the Court, therefore, concludes that the bond should be released.
IT IS THEREFORE ORDERED that plaintiff's Motion For Release Of Bond Obligation (document #158) is granted, and the Clerk of Court is directed to release the bond to plaintiff.
IT IS SO ORDERED.