Intellectual Property Law

Ninth Circuit Affirms Injunction Enjoining Sara Lee's Use of SANDWICH THINS

By Michael Atkins

Post injunction: Plaintiffs’ SANDWICH THINS buns (left) and
defendants’ 100% NATURAL THIN BUNS buns 

On Jan. 6, the Ninth Circuit affirmed the Southern District of California’s preliminary injunction enjoining Sara Lee Corporation and other defendants from using the trademarks THINS and SANDWICH THINS in connection with bread. The district court found BBU, Inc., and the other plaintiffs were likely to prevail on the merits of their claim that defendants infringed plaintiffs’ SANDWICH THINS registered trademark for bread.

See plaintiffs’ complaint and Ninth Circuit’s summary opinion (“We conclude that the district court did not abuse its discretion in concluding that appellees met the requirements needed to merit preliminary injunction relief. Accordingly, we affirm the district court’s order granting the preliminary injunction.”).

The case cite is BBU, Inc. v. Sara Lee Corp., 2010 WL 55563, No. 09-56493 (9th Cir. Jan. 6, 2010).

Full post as published by Seattle Trademark Lawyer on January 20, 2010 (boomark / email).