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CONCRETE MACHINERY CO. v. CLASSIC LAWN ORNAMENTS

No. 87-1491.

843 F.2d 600 (1988)

CONCRETE MACHINERY COMPANY, INC., Plaintiff, Appellant, v. CLASSIC LAWN ORNAMENTS, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 5, 1988.

Attorney(s) appearing for the Case

James D. Myers with whom Dickson M. Lupo, Bell, Seltzer, Park & Gibson, Charlotte, N.C., James F. O'Brien, William A. Horne and Goulston & Storrs, Boston, Mass., were on brief, for plaintiff, appellant.

Alan B. Almeida with whom Connor & Hilliard, P.C., Walpole, Mass., was on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

TORRUELLA, Circuit Judge.

This is an appeal from the denial of a motion for a preliminary injunction in an action for copyright infringement. We find that the denial was based on an incorrect analysis of appellant's likelihood of success on the merits of its claim and remand for reconsideration.

I

Appellant Concrete Machinery Company, Inc. (Concrete) manufactures and sells molds to make concrete statues...

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