Wham-O, Inc. v. Paramount Pictures Corp.

MEMORANDUM AND ORDER Motion for Temporary Restraining Order

On September 8, 2003, WHAM-O, Inc. (“plaintiff’) filed a complaint against Paramount Production Corporation and Happy Madison Productions (collectively “defendants”), focusing on defendants’ use of a particular WHAM-O product in the film “Dickie Roberts: Former Child Star” (“the film”). Plaintiff’s complaint states three claims for relief: one, a claim for infringement of a registered trademark in violation of section 32(1) of the Lanham Act, 15 U.S.C. § 1114 (1); two, a claim for unfair competition in violation of section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125 (a); and, three, a claim for dilution of a registered trademark in violation of section 43(c) of the Lanham Act, 15 U.S.C. § 1125 (c). On September 12, 2003, plaintiff filed an ex parte motion for a temporary restraining order (“TRO”) and / or an order to show cause (“OSC”), pursuant to Federal Rule of Civil Procedure 65(b), regarding a preliminary injunction.

On September 18, the court conducted a hearing on plaintiffs TRO motion. The court has considered the parties’ arguments fully, and for the reasons set forth below, the court rules as…