In addition to the low likelihood of success on the merits, the threat of imminent harm was eliminated, given that the Christmas show that Enchant sought to stop had already come and gone.

The denial of a preliminary injunction by a Nashville federal court in a copyright infringement case involving holiday animal sculptures on the ground that the copyright holder, Enchant Christmas Light Maze & Market, failed to establish a likelihood of success on the merits has been affirmed by the Sixth Circuit. Any copyright-protected interest in the natural depiction of animals, the appellate court said, was thin at best, not enough to support a preliminary injunction (Enchant Christmas Light Maze & Market Ltd. v. Glowco, LLC, May 14, 2020, Larsen, J.).

Case date: 14 May 2020
Case number: No. 19-6282
Court: United States Court of Appeals, Sixth Circuit

A full summary of this case has been published on Kluwer IP Law.


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