In a trademark infringement action involving the enzyme-based dietary supplement Wobenzym, the District Court's preliminary injunction requiring Defendant to cease selling a dietary supplement is affirmed in part, where Defendant did not meet its burden to prove that Plaintiff ceased production of the supplement; but vacated in part, where a District Court must find a substantial risk of danger to the public or other special circumstances in order to enter an interlocutory order recalling a product in a trademark infringement case.
Argued and Submitted October 20, 2008
Filed July 2, 2009
Opinion by Judge Thomas
Maria Salapska, Law Offices of Maria Salapska, PLLC, Phoenix, AZ
Paul M. Levine, McCarthy Holthus Levine, Phoenix, AZ
Jason M. Marks, Bell, Boyd & Lloyd LLP, Chicago, IL