Injunction Granted in Rauch v. Radko
By Staff -- Gifts and Dec, 11/2/2007 10:47:00 AM
Charlottle, NC — In the ongoing litigation between Rauch Industries and its ex-employee, ornament designer Christopher Radko, the Court granted some but not all of Rauch’s requests for injunctive relief. The Court ordered Radko to stop competing with Rauch and to stop trying to convince any Rauch customer to do less business with Rauch. The Court also ordered Radko and Northstar, the Polish manufacturer which Rauch alleges Radko controls, to stop using any Christopher Radko trademark and from making any false or misleading statements relating to Rauch or its products; to stop selling or advertising ornaments substantially similar to Radko-style ornaments; and to stop using (and return) any customer lists of Rauch’s. The court also ordered Northstar to ship Rauch’s orders for certain 2007 ornaments.
However, the court refused to order Northstar to comply with Radko’s non-compete agreement, except insofar as it is enjoined from acting in concert with Radko himself, on the grounds that Rauch hasn’t shown a strong likelihood of success on its veil piercing claim. In addition, the court refused to order Northstar to return Rauch’s samples, molds, etc., on the grounds that, since the court had already ordered the 2007 ornaments shipped and infringement stopped, Rauch did not show an immediate likelihood of irreparable harm if they weren’t.
The court required Rauch to post a bond in the amount of the amount of the total price of the products in the shipment requested by Rauch, plus the costs of shipping, and for Northstar to post a bond in the amount of $10,000 U.S. in regard to the injunction against infringing Rauch’s trade dress. It required no bond from Radko personally with regard to its injunction enjoining Radko from violating his non-compete agreement.
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