Legal Opinion

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

Court of Appeals for the First Circuit

Decided July 16, 2015No. 14-2324PublishedCited by 86 opinions

1Opinion of the Court

SOUTER, Associate Justice.

This appeal challenges a preliminary injunction meant to enforce a contractual agreement and prohibit a trademark violation. We affirm in part and reverse in part.

I

Plaintiff-Appellee Arborjet, Inc. manufactures and sells TREE-age, an emamec-tin benzoate solution used to protect trees from various pests. Through the period from August 2008 to February 2013, Ar-borjet granted Defendant-Appellant Rainbow Treecare Scientific Advancements, Inc. an exclusive right to distribute TREE-age. Their sales agency contract included this provision:

[Rainbow] agrees, in view of the…

2Cases cited8 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Narragansett Indian Tribe v. Paul E. GuilbertCourt of Appeals for the First Circuit · 1991
  3. Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc.Court of Appeals for the First Circuit · 2011
  4. McGuire v. ReillyCourt of Appeals for the First Circuit · 2001
  5. TEC Engineering Corp. v. Budget Molders Supply, Inc.Court of Appeals for the First Circuit · 1996

3 more not listed; retrieve them via the Exa API.

3Cited by86 opinions

  1. Planned Parenthood of N.Y.C., Inc. v. U.S. Dep't of Health & Human Servs.District Court, S.D. Illinois · 2018
  2. Axia NetMedia Corp. v. Mass. Technology Park Corp.Court of Appeals for the First Circuit · 2018
  3. Norris v. Cape Elizabeth School DistrictCourt of Appeals for the First Circuit · 2020
  4. March v. MillsCourt of Appeals for the First Circuit · 2017
  5. Pesce v. CoppingerDistrict Court, District of Columbia · 2018

81 more not listed; retrieve them via the Exa API.

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