Legal Opinion
Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.
Court of Appeals for the Ninth Circuit
Decided July 2, 2009No. 08-15101PublishedCited by 1,139 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
This appeal presents the question, among others, as to the appropriate criteria that a district court should apply in considering a motion to enter a preliminary injunction requiring a product recall in a trademark infringement case. We join the Third Circuit in requiring that a district court must find a substantial risk of danger to the public or other special circumstances in order to enter an interlocutory order recalling a product in a trademark infringement case.
I
This case involves a dispute between two nutraceutical companies concerning the enzyme-based dietary…
2Cases cited22 opinions
- Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- 389 Orange Street Partners v. ArnoldCourt of Appeals for the Ninth Circuit · 1999
- Gonzales v. O Centro Espírita Beneficente União Do VegetalSupreme Court of the United States · 2006
17 more not listed; retrieve them via the Exa API.
3Cited by1,139 opinions
- Xochitl Hernandez v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2017
- Cindy Garcia v. Google, Inc.Court of Appeals for the Ninth Circuit · 2015
- Saravia v. SessionsDistrict Court, N.D. California · 2017
- Arizona Dream Act Coalition v. Janice BrewerCourt of Appeals for the Ninth Circuit · 2014
- Adree Edmo v. Corizon, Inc.Court of Appeals for the Ninth Circuit · 2019
1,134 more not listed; retrieve them via the Exa API.