Titaness Light Shop, LLC v. Sunlight Supply, Inc.

MEMORANDUM

Since 2008, Sunlight Supply, Inc. and IP Holdings, LLC (collectively, Sunlight) have used the trademark “Titan Controls” to sell devices that control indoor gardening equipment. In 2012, Titaness Light Shop (TLS) began marketing indoor grow lighting systems under the mark “Titaness.” The district court granted Sunlight’s motion for a preliminary injunction prohibiting TLS from using the Titaness mark, and TLS appeals. We have jurisdiction under 28 U.S.C. § 1292 . Because the record does not contain sufficient evidence that Sunlight is likely to suffer irreparable harm absent preliminary relief, we reverse the district court’s order, vacate the preliminary injunction, and remand.

We review the district court’s decision to grant a preliminary injunction for abuse of discretion. Herb Reed Enters., LLC v. Florida Entm’t Mgmt., Inc., 736 F.3d 1239, 1247 (9th Cir.2013). However, we are mindful that a preliminary injunction is “an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008). A party seeking a preliminary…