Ty, Inc. v. Jones Group
United States Court of Appeals for the Seventh Circuit
237 F.2d 891 (2001)
Ty (plaintiff), maker of Beanie Babies, sued competitor Jones Group (defendant) for trademark infringement after Jones began selling similarly-named 'Beanie Racers' toy cars despite full awareness of Beanie Babies' existing market presence and the risk of consumer confusion; the district court granted Ty a preliminary injunction, finding more than a negligible chance of consumer confusion and greater potential harm to Ty than to Jones, while requiring Ty to post a substantial bond protecting Jones's interests if it ultimately prevailed. Jones appealed.
Whether a court will grant a plaintiff's motion for preliminary injunction if the plaintiff is likely to prevail on the merits and will suffer irreparable harm if the motion is denied.