The Kyjen Company, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A
1:24-cv-23973
| S.D. Fla. | Dec 6, 2024Background
- The Kyjen Company, LLC ("Outward Hound") owns a U.S. design patent (US D706,494 S) for its products.
- Plaintiff alleges multiple defendants—operating e-commerce stores listed in Schedule A—have sold, imported, or advertised items infringing the Outward Hound patent.
- Plaintiff investigated by purchasing and visually inspecting alleged infringing products purchased for delivery within the Southern District of Florida.
- Plaintiff sought a preliminary injunction to cease defendants' sales and freeze related financial accounts, arguing risk of irreparable harm and asset dissipation.
- The court reviewed submitted evidence, including declarations, and determined plaintiff showed likely infringement and irreparable harm.
- The court granted a preliminary injunction, restraining defendants' conduct and freezing various assets and accounts pending litigation outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Likelihood of Success on the Merits | Defendants are infringing Outward Hound's design patent. | Not included in order (likely absent at this stage). | Plaintiff established a substantial likelihood. |
| Irreparable Injury if Injunction Denied | Ongoing infringement jeopardizes sales, goodwill, and consumer trust. | Not included in order (likely absent at this stage). | Plaintiff faces immediate and irreparable harm. |
| Balance of Hardships | Harm to Plaintiff (loss of rights, reputation, sales) outweighs harm to Defendants. | Not included in order (likely absent at this stage). | Balance favors Plaintiff. |
| Public Interest | Injunction protects consumers and patent rights, preventing confusion/fraud in the marketplace. | Not included in order (likely absent at this stage). | Public interest supports injunction. |
Key Cases Cited
- Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223 (11th Cir. 2005) (sets out four-factor preliminary injunction standard)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) (confirms four-factor standard for injunctive relief in patent cases)
- Levi Strauss & Co. v. Sunrise Int’l Trading Inc., 51 F.3d 982 (11th Cir. 1995) (asset freeze permissible to assure permanent relief)