UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 98-40100
Summary Calendar
____________________
BIG SUR WATERBEDS INCORPORATED,
Plaintiff-Appellant,
versus
SLEEPMASTERS SLEEP CENTER; GERALD J SALEH; BARBARA SALEH;
DISCOUNT PAPERS OF TEXAS, INCORPORATED,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Texas
(6:97-CV-182)
October 5, 1998
Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Big Sur Waterbeds appeals the district court’s denial of its
motion for a preliminary injunction in this action for
trademark/copyright infringement, and unfair competition.
The district court’s findings of fact are reviewed for clear
error; its legal conclusions, de novo. See Sunbeam Products, Inc.
v. West Bend Co., 123 F.3d 246, 250 (5th Cir. 1997), cert. denied,
118 S. Ct. 1795 (1998). And, “although the ultimate decision
whether to grant or deny a preliminary injunction is reviewed only
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
for abuse of discretion, a decision based on erroneous legal
principles is reviewed de novo.” Id.
Based upon our review of the briefs of the parties, the
record, and the district court’s findings of fact and conclusions
of law, we AFFIRM for essentially the reasons stated by the
district court in its comprehensive opinion. See Big Sur
Waterbeds, Inc. v. Sleepmasters Sleep Center, Gerald Saleh and
Barbara Saleh, No. 6:97-CV-182 (E.D. Tex. Dec. 18, 1997)(order
denying preliminary injunction).
AFFIRMED
- 2 -