Oroamerica Inc. v. D & W Jewelry Co.

MEMORANDUM

This appeal from the denial of a request for a preliminary injunction comes to us under Ninth Circuit Rule 3-3. 3 We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

Oroamerica, Inc. alleges that D & W Jewelry, Inc.’s sale of certain jewelry chains infringes upon Oroamerica’s copyright in two jewelry chain designs. Oroamerica requested, and the district court denied, a preliminary injunction.

Our inquiry is limited to whether the district court abused its discretion in denying the request for the preliminary injunction or based its decision on an erroneous legal standard or an clearly erroneous findings of fact. Does 1-5 v. Chandler, 83 F.3d 1150, 1152 (9th Cir.1996).

We are aware of no authority to support Oroamerica’s contention that the district court was not entitled to consider the issuance of a design patent covering D & W Jewelry’s gold chain as a relevant factor in evaluating whether to grant preliminary injunctive relief. Nor can we say that the district court abused its discretion in concluding, in a balanced order based on findings derived only from the “current record,” that Oroamerica had not demonstrated either probable success on…