Philip Morris Inc. v. Cigarettes for Less

ORDER ON PLAINTIFF’S MOTION FOR PRELIMINARY ' INJUNCTION

This motion for preliminary injunction, brought by Plaintiff Phillip Morris Incorporated (PMI) and argued August 11, 1999, raises important issues relating to the purposes and scope of trademark protection. The Court must determine whether the provisions of the Lanham Act properly may be utilized to prevent confusion between two similarly packaged products when both products are manufactured and packaged by the Plaintiff and when the Plaintiff intended one product for domestic distribution and the other for foreign distribution. The Court believes that resolution of this issue turns upon whether domestic and foreign distribution are under common control of the same entity. In this case there is substantial uncertainty not only as to whether there is such common control but also as to whether there is any relevant confusion of consumers in the first instance. Nevertheless, the Court concludes that limited preliminary injunctive relief is appropriate, as is described more fully below.

I. BACKGROUND

A. The Alleged Infringement

PMI manufactures “Marlboro” brand cigarettes for distribution in the United States (“domestic…