Polaris Pool Systems, Inc. v. Letro Products, Inc.

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

IT IS HEREBY ORDERED:

Plaintiff POLARIS POOL SYSTEMS, INC.’s (hereinafter “Polaris”) Motion for Preliminary Injunction came before this Court for review on January 30, 1995. After careful consideration, the Court hereby DENIES plaintiffs motion.

BACKGROUND

Plaintiff Polaris has sued defendant LE-TRO PRODUCTS, INC. (hereinafter “Letro”) under federal law for infringement of trademark registration, false designation of origin, and false representation, and under California law for trademark/trade dress infringement, unfair competition, and an accounting. The claims arise from the alleged similarities between Polaris’ “legendary” pool cleaner, the Model 180, and Letro’s new “Legend” pool cleaner, which has appeared in trade shows but has yet to appear on the market. Polaris alleges similarities in the products’ configurations and blue and white color schemes. The Model 180 is no longer manufactured.

In December 1994, Polaris applied to this Court for a temporary restraining order. The Court denied Polaris’ application and calendared this motion for preliminary injunction for January 30, 1995. See Order Re: Plaintiffs Ex…