Eleventh Circuit Upholds Injunction Ruling in FyreTV/Fire TV Trademark Row

Streaming video company Wreal pursued its preliminary injunction motion "with the urgency of someone out on a meandering evening stroll rather than someone in a race against time," the 11th U.S. Circuit Court of Appeals said in an opinion (in Pacer) Friday upholding a U.S. District Court's denial of a preliminary injunction against Amazon. Wreal, which operates the FyreTV streaming pornography service, is suing Amazon over its Amazon Fire TV trademark. The 11th Circuit opinion said Wreal, after filing its complaint in 2014, did no discovery and five months later moved for a preliminary injunction, which U.S. District Court in Miami denied. Wreal's unexplained delay fatally undercut any showing of irreparable injury if it didn't receive a preliminary injunction, wrote Judge Robin Rosenbaum for herself and Judges Adalberto Jordan and Eugene Siler. Counsel for Wreal didn't comment Monday. U.S. District Judge Joan Lenard of Miami in February ordered a stay in Wreal's lawsuit against Amazon pending the 11th Circuit decision.