Case: Trademarks/Injunctions (6th Cir.)

The Sixth Circuit affirmed the decision of a federal district court in Ohio denying Sunless Inc.'s motion for a preliminary injunction in its action against Palm Beach Tan Inc. for trademark infringement. The appeals court agreed with the district court’s finding that Sunless had failed to show, at this stage of the litigation, that consumers in Palm Beach’s salons would be confused by its use of its own spray tan solution in its Mystic Tan booths instead of the Sunless Mystic Tan solution. The court noted that Palm Beach presented evidence that the mark it displayed on its tanning solution ...