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GTE CORP. v. WILLIAMS

No. 83-1545.

731 F.2d 676 (1984)

GTE CORPORATION, Plaintiff-Appellee, v. David R. WILLIAMS, d/b/a General Telephone, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 6, 1984.

Attorney(s) appearing for the Case

Robert S. Campbell, Jr., Salt Lake City, Utah (E. Barney Gesas, also of Watkiss & Campbell, and Anthony L. Rampton of Fabian & Clendenin, Salt Lake City, Utah, with him on the brief), for defendant-appellant.

Jeffrey A. Schwab, New York City (Lawrence E. Abelman, also of Abelman, Frayne & Rezac, New York City, Philip Mallinckrodt and Robert Mallinckrodt of Mallinckrodt, Mallinckrodt, Russell & Osborne, Salt Lake City, Utah, with him on the brief), for plaintiff-appellee.

Before BARRETT, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Defendant David R. Williams appeals from an order granting plaintiff GTE Corporation's motion for a preliminary injunction. The principal issue on appeal is the relevance of delay in seeking relief from trademark infringement as a factor in determining whether to grant a preliminary injunction pendente lite.

In December 1982 GTE brought suit seeking damages and injunctive relief against Williams for trademark infringement under...

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