United States District Court, District of Columbia.

“ The incorporating regulation does not specify that only certain provisions of the text in ASTM D 1298-99 (2005) are incorporated by reference into law, nor does it indicate which specific provisions of the standard are relevant for regulatory compliance, suggesting that “a greater amount of the standard’s text might be fairly reproduced.” Id. Fourth Factor: Defendant’s reproductions have not had a “substantially adverse impact on the potential market for the originals,” nor have Plaintiffs shown by a preponderance of the evidence that there is a meaningful likelihood of future harm.” ”

“ Further, the incorporated standard provides information essential for a private entity to comprehend its legal duties, which weighs heavily in favor of permitting Defendant’s reproduction. See ASTM, 896 F.3d at 450. Second Factor: The “express text of the law falls plainly outside the realm of copyright protection.” ASTM, 896 F.3d at 451. Here, the standard is incorporated into law without limitation such that “the consequence of the incorporation by reference is virtually indistinguishable from a situation in which the standard had been expressly copied into law.” ”

“ Plaintiffs’ Motion for a Permanent Injunction is granted as to Defendant’s use of its trademarked logos and denied as to Defendant’s use of its standards and trademarked words. It is ordered that Defendant is permanently enjoined from all unauthorized use of Plaintiffs’ trademarked logos and Defendant shall remove Plaintiffs’ trademarked logos from its website and any other website within its possession, custody, or control by April 8, 2022. ”