injunctions

Appeal Watch: Leave Denied for B.C. Powerhouses and Gendreau

March 17, 2012 18:22

SCC Refuses to Hear B.C. Case Employing Mareva Injunction What relief is available to a party when the opposing party threatens to dissipate all of his assets before a judgement is rendered? In these circumstances, a party can ask the courts to impose what has come to be known as a Mareva...

Reconsideration Motion Denied After Careful Consideration

R. David Donoghue

February 10, 2012 10:45

Flava Works, Inc. v. Gunter d/b/a myVidster.com, No. 10 C 6517 Slip. Op. (N.D. Ill. Sep. 1, 2011) (Grady, J.).  Judge Grady denied defendant’s motion to reconsider its preliminary injunction, for the following reasons: The Court addressed defendant’s arguments even...

No Injunction Where Products Are Sold in Different Channels

R. David Donoghue

February 08, 2012 11:15

Akoo Int’l, Inc. v. Harris, No. 10 C 1685 Slip. Op. (N.D. Ill. Sep. 9, 2011) (Coleman, J.).  Judge Coleman denied plaintiff Akoo International (“AI”) a preliminary injunction to prevent rapper Clifford Harris from using the Akoo mark for his clothing line. The Court held...

Association Meetings Must be Properly Noticed

December 12, 2011 21:09

Bd. of Managers of Park Regent Condo. v. Park Regent Assoc., No. 2009-04227, N.Y. Supr. Ct., App. Div., March 30, 2010.A condominium regime in New York was recently involved in litigation over the validity of an association member annual meeting. Several unit owners called the meeting and...

Injunctions against ISPs Part II: the CJEU's Judgment in Scarlet

December 11, 2011 13:40

In Injunctions against ISPs I discussed Mr. Justice Arnold's judgment in Twentieth Century Fox Film Corporation & Others v British Telecommunications Plc [2011] EWHC 2714 (Ch) (26 Oct 2011) where he ordered BT to use Cleenfeed to hinder its subscribers from accessing the website known as Newzbin...