At the beginning of this year, Kim Brandi sent cease and desist letters to all companies distributing and/or selling KAH Tequila. After a U.S. District Court Judge denied Worldwide Beverage Imports'–importer of KAH Tequila– motion for preliminary injunction against Brandi's company–Iconic Brands, distributors began to follow Brandi's request to halt the distributing and/or selling of KAH; this appeal stems from an intellectual property dispute, as Kim Brandi, the owner of Iconic Brands (www.iconicbrandsinc.com), has copyrights on the packaging design of these skull-shaped bottles.