Where there is no evidence that defendants have previously failed to appear in court, there is no suggestion that small independent retailers with fixed places of business are as a class unlikely to comply with a court order, and defendants -- incorporated businesses with inventories, assets and a fixed physical presence -- have much to lose if held in contempt, the District Court's denial of an ex parte order, under 15 U.S.C. � 1116(d)(4)(B), seizing alleged counterfeit cigarettes is affirmed.
August 23, 2004 at 12:00 AM
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