EnVerve, Inc. v. Unger Meat Co., No 11 C. 472, Slip Op. (N.D. Ill. Apr. 26, 2011) (Castillo, J.).

Judge Castillo denied plaintiff EnVerve’s motion for preliminary injunction in this copyright infringement action involving advertisements. The Court first held that EnVerve had only shown a minimal likelihood of success on the merits:

  • EnVerve’s arguments were "very conclusory" and that "brevity [was] fatal."
  • There was a significant dispute regarding who owned the copyrights based upon a contract between the parties. 
  • EnVerve’s evidence of copying was an unsupported conclusion that defendant use constituted copying.

  • EnVerve failed to address defendant’s best argument – that EnVerve’s claim sounded in contract, not copyright. 

The Court also held that there was no irreparable harm:

  • Money damages were an adequate remedy and were readily calculable based upon the contract, EnVerve’s invoices and defendant’s payments.
  • EnVerve’s claims are reputational harm and defendant’s potential insolvency were too speculative to be considered irreparable harm.