State Can't Block 'Don't Mess With Texas,' Judge Says

Law360, Los Angeles (August 24, 2011, 8:07 PM EDT) -- A Texas federal judge on Monday denied the Texas Department of Transportation’s motion for a temporary restraining order blocking the sale of the romance novel “Don’t Mess With Texas” in a trademark dispute with Barnes & Noble Inc. and others over the title.

“The Court doubts defendants’ book will fly off the shelves with such speed that sales could not be enjoined in the future, should TxDOT prevail in its claims in the lawsuit,” U.S. District Judge Sam Sparks said in a written opinion released after his oral denial in a hearing Monday.

Judge Sparks’ ruling cleared the way for 35,000...

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