Reno Air Racing Ass'n, Inc. v. McCord
July 10, 2006
McKEOWN, Circuit Judge:
Jerry McCord appeals the district court’s decision and final judgment following a bench trial. The district court entered an award of damages and a permanent injunction against McCord due to his infringement of two trademarks belonging to Reno Air Racing Association, Inc. (“Reno Air”), in violation of the Lanham Act of 1946, 15 U.S.C. §§ 1051 et seq. (“Lanham Act”). In addition, the district court found McCord in civil contempt and imposed sanctions based on his viola-tion of an ex parte temporary restraining order (“TRO”) issued the same day the complaint was filed.
This appeal highlights the sometimes routine fashion in which TROs are issued to unsuspecting parties, who, lacking fair notice of the prohibited conduct, may unwittingly invite a contempt citation. We conclude that the TRO was improvidently issued because it failed to comport with the notice and specificity provisions of Federal Rule of Civil Procedure 65 (“Rule 65”). Consequently, we vacate and reverse the district court’s contempt finding and imposition of sanctions. We affirm the district court’s findings and judgment with respect to trademark infringement.
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