Judge Ted Stewart – Motion for Preliminary Injunction granted

HARRIS RESEARCH, INC., Plaintiff, vs. JEFF LYDON; LISA SMITH; and JOHN DOES I – X, Defendants

Case No. 1:06-CV-136 TS

United States District Court for the District of Utah, Northern Division

2007 U.S. Dist. LEXIS 25650

April 5, 2007

Plaintiff is the owner of the trademark “Chem-Dry.”  The Defendants have offered for sale and/or distribution t-shirts and stickers containing a “Chem-Who?” logo. Distribution of this logo has occurred by distributing t-shirts at an industry trade show. The color and stylized design of the infringing mark are virtually identical to the trademark; the font of the letters is identical, the colors are the same, and the use of the “swoosh” is identical.

After considering the factors necessary to issue an injunction pursuant to the Lanham Act (15 U.S.C. Sec. 1116(a)), the Court granted the Motion for a Preliminary Injunction and ordered that the injunction would be effective upon the filing of a bond in the amount of $5,000.