Opinion
No. 03 Civ. 8937 (RWS).
February 7, 2005
MEMORANDUM OPINION
Plaintiff Chrisha Creations, Ltd. ("Chrisha") by letter of November 22, 2004, treated as a motion by the Court returnable December 1, 2004, sought (1) enforcement of the preliminary injunction issued November 1, 2004 (the "Injunction"), and (2) a modification of the Injunction to require a recall of the products manufactured by defendant Gemmy Industries Corp. ("Gemmy") carrying a notice that the products are covered by a valid patent (U.S. Patent No. 6,644,843 [the '843 Patent]) contrary to the conclusions reached in the Injunction (the "enjoined products"). According to Chrisha's unrebutted submission, the enjoined products have been offered by retailers in Rhode Island, Massachusetts, Connecticut, Minnesota, Wisconsin, Tennessee, Oregon and New York. The notice is on the bottom of the box in which the products are packaged and on the underside of the products.
Gemmy has complied with the Injunction, having stopped placing the notice on its products and its packaging and notifying retailers of the Injunction and requesting the retailers to return the enjoined products or to conceal the invalid patent notice.
The request for recall of the products was made by Chrisha at the time of the submissions relating to the Injunction and denied at that time.
The letter submissions do not establish the ownership of the mislabelled products in the marketplace. No evidence has been submitted to require modification of the Injunction.
The motion of Chrisha is denied.
It is so ordered.