Preliminary Injunction Granted in Arkansas Trademark Case
The Western District of Arkansas granted a preliminary injunction based on trademark infringement and trade dress infringement in Rotoworks Int'l Ltd. v. Grassworks USA, LLC, 2007 WL 703747 (W.D. Ark. 3/5/07).
Rotoworks, a New Zealand company, sells weed wipers called Rotowipers. All Rotowipers are painted aqua. The defendants were exclusive distributors of Rotowipers in the U.S. However, the defendants began selling their own weed wipers instead of the Rotowipers. The defendants' wipers were designed just like Rotowipers and painted aqua. The defendants told their customers that the Arkansas-made wipers would better suit their needs, which dissuaded them from purchasing Rotowipers.
The court had no trouble in issuing the preliminary injunction under these circumstances, and the court only required a $5,000 bond.
