Trademarks, Trolls, and TROs: The Questionable Presumption of Irreparable Harm
Duration: 70 minutes
Temporary restraining orders (TROs) in particular and preliminary injunctive relief in general are vital equitable remedies in trademark infringement cases. When a plaintiff seeking a TRO shows that it is likely to succeed on the merits in its trademark infringement claim, federal courts have long presumed that irreparable injury would follow. They reasoned that trademark infringement was likely to harm intangible assets such as reputation and good will, and therefore did not require plaintiffs to show evidence of irreparable harm. In Part One of this course, trademark law expert Anne Gilson LaLonde discusses the long-standing irreparable harm presumption in trademark infringement cases and its likely demise in light of the Supreme Court's opinion in eBay v. MercExchange.
In Part Two of this course, Anne Gilson LaLonde and Tawnya Wojciechowski argue a hypothetical TRO application in a trademark infringement case in which the interpretation and application of the irreparable harm presumption is of critical importance. Jerome Gilson serves as the presiding judge over the matter and shares his considerable expertise in trademark law: interpreting relevant case law on the presumption, exploring key factual issues, and ultimately ruling on the TRO request.
Part Three of the course concludes with tips and best practices for practitioners when seeking or defending against preliminary injunctive relief in trademark cases and also discusses future developments in this evolving area of law.
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