SEARCH

Carson Optical Inc. v. Alista Corp.,

Company Fails to Show Ads Would Irreparably Harm Products; Preliminary Injunction Denied

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER On March 26, 2019, plaintiff Carson Optical, Inc. (“plaintiff” or “Carson”) commenced this action against defendants Alista Corporation (“Alista”), Nasr Amr (“Amr”), RQ Innovasion Inc. (“RQ”) and Brendan Zheng (“Zheng”) (collectively, “defendants”), alleging, inter alia, false advertising in violation of Section 43(a)(1)(B) of the Lanham Act, 15 U.S.C. §1125(a)(1)(B). Presently before the Court are plaintiff’s applications, inter alia, (i) for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining and restraining defendants from falsely advertising the magnifying power of certain cosmetic mirror products; (ii) for leave to file an amended complaint pursuant to Rules 15 and 21 of the Federal Rules of Civil Procedure; and (iii) for leave to conduct expedited discovery. For the reasons set forth herein, plaintiff’s application for leave to file an amended complaint is granted and its applications for a preliminary injunction and for leave to conduct expedited discovery are denied. I. BACKGROUND A. Factual Background Carson was founded in 1990 and markets and sells “optical products” nationwide, (Complaint ["Compl."],

2, 17; Declaration of Richard Cameron ["Cameron Decl."],

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Judicial Secretary I, Judicial Secretary II, or Judicial Assistant

The Court of Appeal, First Appellate District in San Francisco is accepting applications for a full-time regular Judicial Secretary I, Judic...

Apply Now ›

County Attorney

The County is looking for a skilled and seasoned County Attorney to oversee the Law Department in delivering top-tier legal services, repres...

Apply Now ›

Corporate General Counsel

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...

Apply Now ›