GoTo.com, Inc. v. Walt Disney Co.
United States Court of Appeals for the Ninth Circuit
202 F.3d 1199 (2000)
Relevant factsFree
GoTo.com (plaintiff) sued Disney (defendant) under the Lanham Act, alleging Disney's logo infringed its trademark, and the district court granted (and later modified to allow a phase-out period) a preliminary injunction against Disney's continued use of the mark; Disney appealed, and the court of appeals stayed the injunction pending expedited review.
IssueFree
Whether a plaintiff will be entitled to injunctive relief for trademark infringement if he shows either probable success on the merits and the possibility of irreparable injury, or serious questions as to the merits with a balance of hardship tipping sharply toward the plaintiff.
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