In Re Lorillard Tobacco Company

*983McKEOWN, Circuit Judge:

This case arises from the district court’s denial of Lorillard Tobacco Company’s application for an ex parte order to seize purportedly counterfeit cigarettes. Upon Lorillard’s timely appeal, we find ourselves confronted with a novel issue of appellate jurisdiction. To date, only one court has faced the question whether a seizure order authorized under the trademark law, 15 U.S.C. § 1116(d), is an injunction, and whether an interlocutory order denying seizure is thus appealable under 28 U.S.C. § 1292(a)(1). See Vuitton v. White, 945 F.2d 569, 572 (3d Cir.1991) (holding…