November 29, 2012
The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, November 28, 2012. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
Review Denied (with dissenting justices)
Tre Milano v. Amazon.com, S205747—Review Denied [Kennard, J., voting for review]—November 28, 2012
The question presented was whether a preliminary injunction can be issued enjoining an online retailer that is functioning as a service provider (Amazon.com) from selling counterfeit products purporting to be the plaintiff’s that are actually sold by third parties.
The Court of Appeal, Second District, Division Seven, held in an unpublished opinion that the trial court did not abuse its discretion in denying a preliminary injunction. The court found that the plaintiff failed to demonstrate a likelihood of prevailing on the merits of its claims because the evidence showed that: (1) the defendant was not guilty of direct trademark infringement since it functioned as a service provider; and (2) the defendant was not guilty of contributory infringement because it took actions to remove the infringing listings brought to its attention. The court also held that plaintiff failed to show that the interim harm it would suffer was so great that it outweighed plaintiff’s failure to demonstrate a likelihood of prevailing on the merits of its case.