In a trademark infringement action, district court order issuing a preliminary injunction enjoining defendant from selling plaintiff's trademarked products with the unique production code removed is affirmed where district court correctly found that plaintiff was likely to succeed on the merits in its contention that defendant's sales of its products with the UPC removed constituted trademark infringement, as the UPC codes play an important role in controlling quality and helping the trademark owner guard against counterfeits and protect the reputation of the mark.
Appeal from the United States District Court for the Southern District of New York.
Argued: October 15, 2008
Decided: June 19, 2009
Errata Opinion filed: July 14, 2009
Before: LEVAL, KATZMANN, and LIVINGSTON, Circuit Judges.
Opinion by LEVAL, Circuit Judge.
For Defendant: Megan Muoio, Allyn & Fortuna LLP.