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Midway Mfg. Co. v. Artic Int'l, Inc. - 547 F. Supp. 999 (N.D. Ill. 1982)

Rule:

In a copyright infringement case, the burden on the plaintiff to show irreparable harm necessary to support a preliminary injunction is very light. In fact, if the plaintiff can show probable success on the merits, the requisite irreparable injury is normally presumed

Facts:

In an action by Plaintiff, Midway Manufacturing, Inc. (Midway) that raised claims of copyright infringement, trademark infringement, unfair competition at common law, violation of Section 43(a) of the Lanham Act of 1946, 15 U.S.C.S. § 1125(a), Midway filed a motion for preliminary injunction and defendant Artic International, Inc. (Artic) filed a motion for summary judgment. The bulk of Midway's business consisted of manufacturing and selling video games. Defendant Artic was allegedly selling electronic devices that were intended to simulate two of Midway's games as well as devices that were designed to be inserted into Midway's games to speed up and alter the play of the game. Defendant Artic claimed that Midway's copyright was invalid.

Issue:

Was plaintiff able to clearly show a likelihood of success on its copyright claims?

Answer:

Yes

Conclusion:

The court held that defendant Artic did not meet its burden of showing that plaintiff Midway defrauded the copyright office. The court was convinced that plaintiff Midway showed a likelihood of success on its copyright claims against Artic, and since irreparable harm is presumed where one can show probable success on the merits the court issued a preliminary injunction against Artic.

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