 Finally, Micro Star argued that FormGen had forfeited its rights on the user-created levels by authorizing users to create new levels.A party asking for a preliminary injunction must demonstrate 

either a likelihood of success on the merits and the possibility of irreparable injury, or that serious questions going to the merits were raised and the balance of hardships tips sharply in its favor.In this case, FormGen only needed to demonstrate a likelihood of success on the merits to get the preliminary injunction to prevent N/I from manufacturing and distributing its product.