BD Performing Arts v. B.A.C. Musical Instruments, LLC

Good Law
United States District Court, Northern District of CaliforniaApril 25, 20224:22-cv-02050California2,957 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BD PERFORMING ARTS, Case No. 22-cv-02050-JSW

Plaintiff,

ORDER DENYING, WITHOUT

v. PREJUDICE, EX PARTE

APPLICATION FOR TEMPORARY

B.A.C. MUSICAL INSTRUMENTS, LLC, RESTRAINING ORDER et al., Re: Dkt. No. 12 11 Defendants.

12 This matter comes before the Court upon consideration of the ex parte application for a temporary restraining order (“TRO”) filed by Plaintiff BD Performing Arts (“Plaintiff”). The Court has considered the parties’ papers, relevant legal authority, and the record in this case, and it has had the benefit of oral argument. For the reasons that follow, the Court DENIES Plaintiff’s application, without prejudice to renewing its request for injunctive relief by way of a regularly noticed motion for preliminary injunction. BACKGROUND Plaintiff is a non-profit organization “focused on youth marching bands and related activities.” (Compl. ¶ 2.) It is the owner of several registered trademarks…

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