UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANSOUTHERN DIVISIONTHE HERSHEY COMPANY andHERSHEY CHOCOLATE & CONFECTIONARYCORPORATION,Plaintiff(s),CASE NUMBER: 08-14463HONORABLE VICTORIA A. ROBERTSv.ART VAN FURNITURE, INC.,Defendant(s)./
ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAININGORDER AND PRELIMINARY INJUNCTION, IN PART, AND DENYING PLAINTIFF’SMOTION IN PARTI.INTRODUCTION
Plaintiff filed suit against Defendant, alleging trademark infringement under 15U.S.C. § 1114(1), false association, sponsorship and approval pursuant to15 U.S.C. §1125(a)(1)(A), trademark dilution by blurring (Plaintiff’s brief suggests a claim based ondilution by tarnishment, but counsel for Plaintiff corrected this during oral argument)according to 15 U.S.C. § 1125(c), unfair competition under 15 U.S.C. § 1125(a), andcommon law conversion. Plaintiff also filed an Emergency Motion for TemporaryRestraining Order and Preliminary Injunction. The Court heard oral arguments onPlaintiff’s Motion on October 23, 2008.For the reasons stated, the Court
Plaintiff’s request, but only withrespect to its dilution by blurring claim.
Case 2:08-cv-14463-VAR-DAS Document 15 Filed 10/24/2008 Page 1 of 31