Opinion
No. 03 C 8086
December 1, 2003
PRELIMINARY INJUNCTION AND ORDER
This matter came to be heard on November 24, 2003 on Plaintiffs' Motion for a Preliminary Injunction. Counsel for all defendants except P.T. Song Wong Indonesia received notice and appeared before me. I have considered Plaintiffs' Motion, Verified Complaint and Exhibits, testimony, other submissions, including defendants' opposition, and arguments of counsel. For the reasons stated herein and on the record of proceedings, I find the following.
1. This is an action for copyright infringement under 17 U.S.C. § 101 et seq., and related claims against defendants FAO, Inc., FAO Schwarz, Inc., ZB Company, Inc., P.T. Song Won Indonesia, SW Worldview, J. Park Co., and June Park.
2. Plaintiffs have sought a Preliminary Injunction to prevent these defendants from importing, manufacturing, distributing, marketing, and selling products infringing on copyrighted designs owned by Ms. Kampf under certificate of registration VA-U589910, specifically, a lunch box and a rolling suitcase, product numbers 824991, 824992, 824993, and 824994 as shown on page 5, image F of the FAO Schwarz Holiday 2003 "Collectibles Edition" catalog, and page 21 of the Zany Brainy "Holiday Gift Guide 2003" catalog.
3. All defendants except P.T. Song Won Indonesia received adequate notice of these proceedings and appeared before the Court through their counsel.
4. Plaintiffs have met their burden to establish that the requested relief is proper as to the lunch box and the suitcase.
5. Plaintiffs have established that they are likely to succeed on the merits of their claims for copyright infringement as to the lunch box and the suitcase.
6. Plaintiffs have established that they have no adequate remedy at law.
7. Plaintiffs have established that they will suffer irreparable harm without injunctive relief ordered herein.
8. The balance of harms favors Plaintiffs.
I HEREBY ORDER THAT:
A. Defendants FAO, Inc., FAO Schwarz, Inc., ZB Company, Inc., SW Worldview, J. Park Co., and June Park, their subsidiaries, affiliates, divisions or related companies together with those persons and entities in active concert or participation with them, are hereby enjoined from distributing, selling, importing, ordering, purchasing, manufacturing, displaying, and marketing the infringing lunch boxes and suitcases;
B. These defendants are directed to immediately cease production of any catalogs containing any reference to or likeness of the infringing lunch box and suitcase, and to cease to display the infringing lunch box and suitcase in any store, and to remove from their websites all reference to or likeness of the infringing lunch box and suitcase;
C. Plaintiffs will post a bond with the Clerk of Court in the amount of $25,000.