Nintendo of America, Inc. v. Lewis Galoob Toys, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• requiring that party seeking recovery “establish ] with reasonable certainty that it was damaged by the issuance of the injunction” (emphasis added)
• stating that it is the “rare party” who should not be required to “suffer the execution of the preliminary injunction bond”
• noting that “in an earlier appeal in this case we upheld the district court's issuance of the preliminary injunction”
• indicating it is only in rare cases that a party should not be required to suffer the execution of the preliminary injunction bond
• stating a wrongfully enjoined party can be compensated through the bond for injuries 21 suffered “because of the injunction”
• explaining even where there was no abuse of discretion in the grant of a preliminary injunction, later determination on the merits may nonetheless prove the defendant was “wrongfully enjoined”

Source: CourtListener parenthetical corpus (CC0).