Ride the Ducks of Philadelphia, LLC v. Duck Boat Tours, Inc.
United States Court of Appeals for the Third Circuit
138 Fed. Appx. 431 (2005)
Ride the Ducks of Philadelphia, LLC (plaintiff) ran amphibious duck-boat tours using a ramp into the Delaware River that it built for $585,000 and held exclusive rights to under a 10-year license with Penn's Landing Corporation, paying an annual fee plus a share of revenue. A competitor, Duck Boat Tours, Inc., doing business as Super Ducks (defendant), asked to share the ramp; when Ride the Ducks refused, Super Ducks told Penn's Landing it would use the ramp with or without permission. Ride the Ducks sought a temporary restraining order and preliminary injunction, alleging trespass, conversion, and tortious interference with its license. The district court granted the TRO and, after a hearing, the preliminary injunction.
Whether a preliminary injunction may be granted based on the movant's likelihood of success on the merits, irreparable harm to each side, and the public interest.