Mixed outcome in Lego v. Zuru

The result:


We find that the district court did not abuse its discretion in entering a preliminary injunction with respect to
the ZURU Action Figures for their alleged infringement of
LEGO’s Minifigure Copyrights. However, we find that the
district court abused its discretion in entering preliminary
injunctions with respect to the Max Build More Bricks and
MAYKA Toy Tape after incorrectly determining, on the record before it, that LEGO would likely suffer irreparable
harm. Accordingly, the order granting a preliminary injunction is

AFFIRMED-IN-PART, VACATED-IN-PART,
AND REMANDED





Of the problematic decision by the district court:, which was
vacated by the CAFC:


ZURU alleges that the district court abused its discretion
in finding that LEGO would likely suffer irreparable
harm because: (1) there is no evidence that the MAYKA
Toy Tape is lacking in quality or in any way inferior to
LEGO products; (2) the LEGO witness testimony and one
customer comment on which the court relied was not directed
to the MAYKA Toy Tape; and (3) LEGO does not sell
a product similar to the MAYKA Toy Tape. We agree.