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Polymer Technology Corp. v. Mimran, 37 F.3d 74 (2nd Cir 1994)

Although Polymer's authorized distributors are not explicitly contractually bound to restrict their distribution of the professional solutions to eye-care practitioners, the distribution of the professional solutions to these practitioners is a key part of Polymer's marketing strategy. Defendant-appellant Emile Mimran owns a number of businesses that distribute ophthalmic lens care products. Mimran admittedly obtains Polymer's professional solutions from Polymer's authorized distributors and then resells them to wholesalers and retail drug stores. Polymer claims that the sales in question were unauthorized. Polymer maintains that Mimran's retail sale of products Polymer intended only for professional distribution constitutes trademark infringement and common law misappropriation. On remand, the district court reconsidered the evidence, considered Polymer's new theories, and again denied the motion against Mimran. Polymer appealled. The judgment of the district court denying Polymer's motion for a preliminary injunction was affirmed. [A preliminary injunction is only ordered when it is obvious to the court the party will prevail in its claims.]