MARLYN NUTRACEUTICALS, INC. v. MUCOS PHARMA GmbH & CO.

No. 08-15101.

571 F.3d 873 (2009)

MARLYN NUTRACEUTICALS, INC., Plaintiff-Appellant, v. MUCOS PHARMA GmbH & CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2009.


Attorney(s) appearing for the Case

Maria Salapska, Law Offices of Maria Salapska, PLLC, Paul M. Levine, McCarthy Holthus Levine, Paul F. Eckstein and Karin S. Aldama, Perkins Coie Brown & Bain, PA, Phoenix, AZ, for the appellant.

Paul F. Donahue, K & L Gates LLP, Jason M. Marks, Bell, Boyd & Lloyd LLP, Chicago, IL, Debra A. Winiarski, Phoenix, AZ, for the appellee.

Before J. CLIFFORD WALLACE, SIDNEY R. THOMAS, and SUSAN P. GRABER, Circuit Judges.


THOMAS, Circuit Judge:

This appeal presents the question, among others, as to the appropriate criteria that a district court should apply in considering a motion to enter a preliminary injunction requiring a product recall in a trademark infringement case. We join the Third Circuit in requiring that a district court must find a substantial risk of danger to the public or other special circumstances in order to enter an interlocutory order recalling a product in a...

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