Plaintiffs also request an award for costs and attorneys' fees. Defendants oppose the motions. The matter was heard on October 11, 1996. They also sought a preliminary injunction to enjoin Defendants on the basis of trademark dilution and infringement. Most of these sites were no longer linked to Defendants' catalogue of sexual products, but some were.
Plaintiffs also seek attorneys' fees and costs.
These two formulations represent two points on a sliding scale in which the required degree of irreparable harm increases as the probability of success decreases. B. Probability of Success on the Merits 1. Finally, both Plaintiffs and Defendants are using the Internet to advertise their products and services. Plaintiffs have therefore established a strong likelihood that they will prevail on the merits of their trademark dilution cause of action. Infringement Because Plaintiffs are likely to succeed on the merits of their dilution claim, the Court need not address Plaintiffs' trademark infringement claim.