Palladium Books v. Trion Worlds Lawsuit Update
Palladium Books received a response from the court today about Palladium’s request for a temporary restraining order against Trion Worlds for their use of the term “Rift.” Palladium argued that an upcoming computer trade show in Los Angeles(E3, I am assuming) appearance of Trion’s Rift game would damage Palladium’s trademark. The judge ruled against Palladium’s request for the restraining order. However, he did schedule a hearing about the preliminary injunction next week. I read the document and it sounds like the judge wants both parties in court to discuss the restraining order before rendering a decision.
I will post after the injunction hearing information enters the system, probably around June 10-11, 2010.
Here is the full document for your examination.
Palladium Books v. Trion Restraining Order Judgement
Trask, The Last Tyromancer
Although a TRO and a preliminary injunction involve much the same standard (i.e., the four factors listed in the court’s order apply to both requests in the 6th Circuit), they are procedurally different. A TRO is typically got for only 10 days, and is entered to prevent some immediate irreparable harm while the parties and the court develop the record necessary to support a preliminary injunction that can remain in place until the case on the merits is resolved.
The order simply states that the initial papers by themselves are not enough, without more evidence and a hearing, sufficient to establish the irreparable harm requirement for the 10-day TRO. Yet the court is prepared to move forward, on an expedited basis on the request for a preliminary injunction. As noted in the order, the denial of a TRO does not mean that the plaintiff will be unable to establish irreparable harm once the record has been developed more fully.
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