Dakota Industries, Inc. v. Ever Best Ltd., Dakota Blue Corp., Carl Eckhaus, Sam Ko and Kenneth Kwok

LARSON, Senior District Judge.

Plaintiff appeals from the district court’s 1 denial of its motion for a preliminary injunction enjoining defendants from using the word “DAKOTA” in connection with their marketing and sale of denim clothing. The district court denied preliminary relief on the basis of the evidence plaintiff had presented “to date.” We agree with the court’s assessment that the propriety of injunctive relief in this case should be determined in conjunction with a trial on the merits and, accordingly, we affirm the court’s denial of plaintiff’s motion for a preliminary injunction.

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