11th Circuit Declines to Block Amazon's Use of ‘Fire TV'

The Internet Law Resource Center™ is the complete information solution for practitioners in cyberlaw. Follow the latest developments on ICANN’s gTLD program, keyword advertising, online privacy,...

By Alexis Kramer

Oct. 28 — An adult content streaming provider failed to show that it would suffer irreparable harm if Amazon.com LLC wasn’t barred from using the Fire TV name because it waited five months to make the request, the U.S. Court of Appeals for the Eleventh Circuit ruled Oct. 28 ( Wreal, LLC v. Amazon.com, Inc., 2016 BL 359803, 11th Cir., No. 15-14390, 10/28/16 ).

The 11th Circuit affirmed a district court decision that plaintiff Wreal LLC’s unexplained delay in requesting a preliminary injunction undermined a finding of an imminent injury that would warrant such relief.

Wreal alleged that Amazon infringed upon its FYRETV trademark by launching a video-streaming device called “Amazon Fire TV.” Wreal filed a complaint and conducted no discovery. Five months later it requested an order to enjoin Amazon from using Fire TV.

The lower court denied the injunction because Wreal pursued its request “with the urgency of someone out on a meandering evening stroll rather than someone in a race against time,” the 11th Circuit said.

WNF Law PL represented Wreal LLC. Susman Godfrey LLP represented Amazon.

To contact the reporter on this story: Alexis Kramer in Washington at akramer@bna.com

To contact the editor responsible for this story: Keith Perine at kperine@bna.com

For More Information

Full text at http://src.bna.com/jIA.

Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.