Case 1:13-cv-01215-TSC Document 239 Filed 03/31/22 Page 45 of 47
to exclude others from distributing, reproducing, or displaying their protected works; and loss of control of the goodwill associated with their trademarks.
First, as previously explained, Plaintiffs have not offered credible evidence of economic harm caused by Defendant’s use of those 32 standards or Plaintiffs’ logos, which shows that there is little to no “likelihood of substantial and immediate irreparable injury.” Apple, Inc. v. Samsung Elecs. Co., 678 F.3d 1314, 1324–25 (Fed. Cir. 2012) (“A mere showing that Apple might lose some insubstantial market share as a result of Samsung’s infringement is not enough.”).
Second, though the court previously found that there was no evidence indicating Defendant’s conduct would end absent an injunction, see ASTM, 2017 WL 473822, at *24, the court notes that the updated record reflects Defendant’s intention to only post documents that have been incorporated into law. See Def. Statement of Disp. Facts, ECF No. 203-3. The court also notes that Defendant’s voluntary removal all of Plaintiffs’ trademarked logos from each of the reposted standards, save for two that it “overlooked,” see Def. 2d MSJ at 34, shows Defendant’s willingness to comply with the court’s order without the “extraordinary relief” of an injunction, see Winter, 555 U.S. at 22.
Third, the court finds that Defendant’s use of Plaintiff’s trademarked logos in the two “overlooked” standards will result in irreparable harm because the trademark owner will lose control of the goodwill associated with its mark. See Hanley-Wood LLC v. Hanley Wood LLC, 783 F. Supp. 2d 147, 151 (D.D.C. 2011); Breaking the Chain Found. V. Capitol Educ. Support, Inc., 589 F. Supp. 2d 25, 30 (D.D.C. 2008). Plaintiffs claim to have spent “decades establishing the goodwill associated with their names and logos, which the public associates with their high-quality work.” Pls.’ SMF ¶ 245 (citing Jarosz Rep. ¶ 151). Yet, it is undisputed that some of
Page 45 of 47
