Honor Plastic Industrial Co. v. Lollicup USA, Inc.

ORDER RE: PRELIMINARY INJUNCTION

Plaintiffs have moved for a preliminary injunction prohibiting Defendant from using several trademarks. Defendant opposed the motion. Oral argument was held on October 25, 2006. For the following reasons, the Plaintiffs’ motion is granted.

I. History

Plaintiffs in the case are Honor Plastic Industrial Co., Ltd. (“Honor Plastic”) and P & P International, Inc. (“P & P”). Hon- or Plastic is a Taiwanese company that manufactures a variety of products. For the U.S. market, Honor Plastic made plastic cups and lids with distinctive marks on them starting in 2004. The first mark to be used showed the word “Honor” capitalized with cup silhouettes forming the middle of the “o”s and with curved arrows above and below, forming a circle (“Silhouette Mark”). Honor Plastic filed an application with the U.S. Patent and Trademark Office for this mark on June 30, 2004. The application indicated that the Silhouette Mark was first used in commerce on June 25, 2004. Doc. 34, Ex. O. The application was published for comment on May 3, 2005 and received no opposition. The trademark ( Registration No. 2,976,261 ) was granted on July 26, 2005. The second mark used is…