Big Sur Waterbeds v. Sleepmasters

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________

No. 98-40100
Summary Calendar
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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that this opinion should not be published and is not precedent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

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