Preliminary injunction under the Lanham Act appropriately issued where a single supplier ends use of the product; causation can be inferred from the demonization of the product, and no hard evidence of consumer confusion is necessary at the stage of preliminary injunction.
Injunction was not overbroad in barring a wide variety of cartoon ogres and substantially similar messages.
Concurring in part, concurring in j: District court findings on actual confusion weren't raised in the interlocutory appeal.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-15/C:17-2252:J:Sykes:aut:T:fnOp:N:2171872:S:0
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.