Dogloo, Inc. v. Doskocil Manufacturing Co.

This Order amends and supercedes the Court’s prior Findings of Fact and Conclusions of Law and Preliminary Injunction Order. This matter having come before this Court upon Plaintiffs Motion for Preliminary Injunction, and the Court having considered Plaintiffs moving papers, reply papers, and surreply papers, and Defendant’s opposition papers and surreply papers, including all supporting declarations and evidence submitted in connection with those papers, as well as the arguments of counsel for the parties at an oral hearing on March 6, 1995 and the physical exhibits presented at the hearing, and having considered Defendant’s written objections hereto, this Court makes the following findings pursuant to Federal Rule of Civil Procedure 65(d).

I. FINDINGS OF FACT

1. Plaintiff Dogloo, Inc. (“Dogloo”) brought a Motion for Preliminary Injunction against alleged acts of trademark infringement and related counts seeking to enjoin the sale of certain animal shelters by Defendant Doskocil Manufacturing Company, Inc. (“Doskocil”).

2. This Court has subject matter jurisdiction under 15 U.S.C. § 1121 , 28 U.S.C. § 1331 , 28 U.S.C. § 1338 (a) and (b), 28 U.S.C. § 1367 (a), and 28 U.S.C. §…