Adios to the Irreparable Harm Presumption in Trademark Law

The article covers the presumption of irreparable harm, past and present, and explains the complications inherent in losing it, as well as discusses first the plaintiff's and then the defendant's point of view. The question is, has the presumption ship sailed?

Select a format

Print Book :1 volume, Softbound
ISBN: 9781522134435
In Stock
Price
$69.00
QTY
eBook :epub
ISBN: 9781522134442
In Stock
Price
$69.00
QTY
eBook :mobi
ISBN: 9781522134442
In Stock
Price
$69.00
QTY
International Order Inquiry

Product details

The article covers the presumption of irreparable harm, past and present, and explains the complications inherent in losing it, as well as discusses first the plaintiff's and then the defendant's point of view. The question is, has the presumption ship sailed? Written by Anne Gilson LaLonde, author of Gilson on Trademarks, along with her father, Jerome Gilson, the original author of the same text.

eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+™ for further legal research options. A valid subscription to Lexis+™ is required to access this content.

Authors / Contributors

Table of Contents

I. Introduction


II. The Rise and Fall of the Irreparable Harm Presumption in Trademark Law

A. Irreparable Harm Basics

B. Former Reliance on the Presumption

C. Why the Presumption Existed

D. eBay and Winter

E. The Current State of the Presumption

F. Should eBay and Winter Be Seen As Calling the Presumption Into Question in Trademark Law?


III. A Government of Laws, and Some Appallingly Heedless Courts


IV. Presumptions and Inferences


V. Plaintiff's Case for Preliminary Injunctive Relief — The Basics

A. Harm

1. Groundwork for Showing Reduction in Goodwill or Reputation

2. Reduction in Market Share, Sales or Customers

3. Inferior Quality of Defendant's Goods or Services or Customer Dissatisfaction

4. Parallels Between Current Case and One Finding Irreparable Harm

B. Impending Nature of Harm

C. Lack of Redress with Award of Money

D. Special Cases

1. Counterfeiting

2. Default

3. Holdover Franchises


VI. Defendant's Case Against Preliminary Injunctive Relief — The Basics

A. Plaintiff's Injury is Speculative and Its Evidence is Cursory, Conclusory or Unsupported

B. Excessive Delay

C. Plaintiff's Injuries Could be Compensated by Damages

D. Competition Between the Parties is Too Indirect

E. Mootness


VII. Conclusion