The Presumption of Irreparable Harm in Patent, Copyright, and Trademark Infringement Cases

Traditionally, a plaintiff seeking a preliminary injunction in a trademark infringement case has been entitled to a presumption of irreparable harm if the plaintiff can prove likelihood of success on the merits.  In 2006, the Supreme Court decided eBay, Inc. v. MercExchange, L.L.C.  The Court there rejected a categorical rule that a patent infringement plaintiff is entitled to a permanent injunction if it proves infringement.  Instead, held the Court, even a patent infringement plaintiff must show (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that   Read More »

Posted in Copyright Litigation, Patent Litigation, Trademark Litigation | Tagged , , ,

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