Opinion
Editorial Note:
A decree was entered on February 13, 1941 following trial upon the merits. It prevented the defendants, their agents and the employees of W, and also persons who purchased from defendants, from engaging in certain acts, permitting the plaintiff to recover costs, and allowing plaintiff to make an application for a supplemental provision for assessing damages.
Frank, Weil & Strouse, of New York City, Frank R. Sack, of Pittsburgh, Pa., Samuel F. Frank, of New York City, and Alexander D. Rosenbaum and Isadore A. Bernstein, both of Pittsburgh, Pa., for plaintiff.
Joseph P. Passafiume, of Pittsburgh, Pa., for defendants.
GIBSON, District Judge.
The complainant alleges infringement of its trade-mark and unfair competition, and has moved for a preliminary injunction.
Despite the fact that it made out a prima facie case by the evidence produced upon the hearing upon said motion, the court feels that the motion must be refused. The function of a preliminary injunction is to maintain the status quo, and a temporary injunction would have the opposite effect. If violations of plaintiff's trade-mark exist, and continue, plaintiff may recover damages therefor on final hearing (which the court will list for an early date in January next upon application therefor).