Mesa Springs Enterprises, Inc. v. Cutco Industries, Inc.

STERNBERG, Judge.

The defendants, Cutco Industries, Inc., and its franchisees, Wilton and Pat Nelson and Gennerman Enterprises, Inc., (Cutco) appeal a preliminary injunction issued by the trial court barring them from using the service mark “HAIRCRAFTERS” in El Paso County, Colorado. Cutco’s sole contention of error on appeal is that the trial court erred in granting the preliminary injunction to plaintiff, Mesa Springs Enterprises, Inc. (Mesa). We agree and therefore vacate the injunction.

The granting or denial of a preliminary injunction is a decision which lies within the sound discretion…