Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc.

Herb Reed, a founding member of the 1950s group The Platters, continued performing under that name after the band split, leading to a 1987 settlement with the trademark's then-owners that let him perform as "Herb Reed and the Platters." Reed formed Herb Reed Enterprises (plaintiff) to hold his trademark rights, later obtained a default judgment giving him rights to The Platters mark against the defunct prior owner, and then sued Larry Marshak and Florida Entertainment Management (Marshak) (defendant) for infringement, seeking a preliminary injunction. The district court found Herb Reed Enterprises likely to succeed on the merits and, without any actual evidence of irreparable harm specific to this plaintiff, also found a likelihood of irreparable harm and granted the injunction; Marshak appealed.