Brockum Co. v. Blaylock

Brockum Co. v. Blaylock

Opinion

 [*440] OPINION AND ORDER

VAN ANTWERPEN, J.

JANUARY 31st, 1990

This matter comes before the court upon the plaintiff's motion for a preliminary injunction. A temporary restraining order was entered by this court on August 29, 1989, which enjoined various defendants from manufacturing, distributing and selling unauthorized merchandise bearing the names, likenesses, trademarks or tradenames of the rock music groups, the "Rolling Stones" and "Living Colour". On September 11, 1989, LTS Merchandising Co. (hereinafter "LTS"), sued as "John Doe", filed counterclaims against the plaintiff. On September 14, 1989, ¹ a preliminary injunction hearing was held before this court in Easton, Pennsylvania. The plaintiff's request for injunctive relief, which, through the course of the proceedings, had assumed the character [**2]  of a final injunction, was granted as to LTS. So was the plaintiff's motion to dismiss LTS's counterclaims. As to all other defendants, the court stated that a final injunction was to become final thirty days from September 14, 1989. The court, in making its rulings from the bench, reserved the right to amplify those rulings by means of a written opinion. The instant opinion constitutes such amplification and also comprises those findings of fact and conclusions of law required under Fed.R.Civ.P. 52(a).

Before beginning those findings of fact and conclusions of law, however, we believe that it is first necessary to set forth the circumstances attending the court's ruling from the bench. On September 14, 1989, the plaintiff presented numerous witnesses, documentary evidence, and two videotapes, which were played before the parties [**3]  and the court. Defense counsel vigorously cross-examined the witnesses testifying on behalf of the plaintiff. At the end of the day, the parties reached an agreement whereby: the plaintiff would rest its case; the defense would rest without calling any witnesses; the defendant would stipulate as to the dismissal, with prejudice, of all of its counterclaims against the plaintiff; a final injunction would be issued without defendant's objection; and the court would file a written opinion at a later date. At the hearing, defense counsel raised no objection or reservation regarding any of this.

At the hearing, the court stated:

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