Judge Denies Vikings’ Request for Preliminary Injunction in Advertising Suit

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On January 28, 2016, U.S. District Judge Donovan W. Frank denied the Minnesota Vikings’ request for a preliminary injunction to prevent Wells Fargo from building two large illuminated signs near the teams future new home — U.S. Bank Stadium.

Last month, Minnesota Vikings Football Stadium, LLC (MVFS) — a team affiliate responsible for the construction and promotion of U.S. Bank Stadium — filed suit against Wells Fargo over two illuminated rooftop signs which the company alleges are in violation of a 2014 signage agreement between the parties. After Wells Fargo moved its headquarters near the Vikings stadium site, the parties entered into a signage agreement which limited the banks use of rooftop advertisements to 56-by-56 foot painted logos. However, MVFS brought suit in December after Wells Fargo began construction on two 56-by-56 foot “illuminated” rooftop signs, which the company alleged were a violation of the signage agreement. MVFS has contended that the signs are intended to “photobomb” the new Vikings facility as they will undoubtedly be seen in aerial views of the stadium during NFL broadcasts.

On Thursday, Judge Frank denied the MVFS’s request for a preliminary injunction to prevent Wells Fargo from installing the two signs, finding that the company should have sought injunctive relief earlier if they were truly threatened by irreparable harm. The judge wrote, “[t]he fact that MVFS waited until December 22, 2015 to seek preliminary injunctive relief undermines its claim of irreparable harm.”

Judge Frank ordered the case to be scheduled for trial and possible settlement talks.

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