Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V.

MEMORANDUM OPINION

Denying the Defendant’s Motion for a Temporary Restraining Order

RUDOLPH CONTRERAS, District Judge.

I. INTRODUCTION

Both parties in this matter claim the exclusive right to sell their products using similar images: namely, a stylized drawing of a young girl in traditional Mexican clothing holding an ice cream cone. The defendant now seeks a preliminary injunction to prevent the plaintiffs from infringing upon its trademarks during a convention for ice cream distributors and vendors which will soon take place in Miami, Florida. Because the defendant has not shown that it will…