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

ORDER FINDING DEFENDANT GUILTY OF CIVIL CONTEMPT FOR FAILURE TO COMPLY WITH COURT ORDERS

The matter before the court is whether Defendant should be sanctioned for failing to comply with the court’s written temporary restraining order, issued on October 12, 2006. Doc. 49 and the court’s written preliminary injunction order, issued' on November 3, 2006. Doc. 79 A full evidentiary hearing on the matter was held on December 19, 2006.

I. History

Plaintiffs in the case are Honor Plastic Industrial Co., Ltd. and P & P International, Inc. (collectively “Plaintiffs”). Defendant is Lollicup USA, Inc. (“Lollicup”) which also operates under the fictitious business name of Honor USA, Inc. Alan Yu is the CEO/President of Lollicup. As this matter is tangential to the substantive case and those underlying facts have been covered in prior orders, a detailed history will be dispensed with. The court has changed the names used for the trademarks in question in the last two orders; all terminology in this order follows the definitions in the November 3, 2006 order granting a preliminary injunction. Doc. 79.

Plaintiffs filed a motion for a preliminary injunction seeking to enjoin Defendant from…