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Protest of Private Subcontract Solicitation Has Teeth

Client Alert | less than 1 min read | 02.13.13

In Orion Tech. Resources, LLC v. Los Alamos Nat'l Sec., LLC (Aug. 6, 2012), the New Mexico Court of Appeals held that, while, in a private context, an unsuccessful offeror generally has no right to complain, when the issuer made representations as to how the offers would be considered that it then violated and on which the offeror relied, there was an implied contract under the common law. Moreover, the court ruled that the offeror in appropriate circumstances could obtain injunctive relief or damages, including lost profits if it can prove it would have won the award if the stated rules had been followed.


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Client Alert | 4 min read | 12.04.25

District Court Grants Preliminary Injunction Against Seller of Gray Market Snack Food Products

On November 12, 2025, Judge King in the U.S. District Court for the Western District of Washington granted in part Haldiram India Ltd.’s (“Plaintiff” or “Haldiram”) motion for a preliminary injunction against Punjab Trading, Inc. (“Defendant” or “Punjab Trading”), a seller alleged to be importing and distributing gray market snack food products not authorized for sale in the United States. The court found that Haldiram was likely to succeed on the merits of its trademark infringement claim because the products at issue, which were intended for sale in India, were materially different from the versions intended for sale in the U.S., and for this reason were not genuine products when sold in the U.S. Although the court narrowed certain overbroad provisions in the requested order, it ultimately enjoined Punjab Trading from importing, selling, or assisting others in selling the non-genuine Haldiram products in the U.S. market....