Trademark Litigation: Obtaining or Opposing Preliminary Injunctions and Temporary Restraining Orders

Description

TROs and PIs have been the standard remedy to challenge and stop trademark infringements at an early stage. TROs and PIs or the threat of them can cause a defendant to halt production or lock down advertising campaigns and warehouses of branded merchandise. A PI is a powerful tool that often prompts defendants to rethink, redesign or abandon the challenged brand.

Since the Supreme Court, in eBay v. MercExchange (U.S. 2006), rejected the notion that there is a presumption of irreparable harm upon a finding of infringement for purposes of determining whether to grant a permanent injunction in patent cases, appellate and district courts have reached inconsistent conclusions about whether the long-established rule that a trademark owner is entitled to a presumption of irreparable harm upon a showing of a likelihood of confusion is still applicable in trademark cases.

In addition to overcoming the hurdle of demonstrating a likelihood of success on the merits, trademark counsel are often faced with the challenge of presenting sufficient evidence of irreparable harm in order to persuade a court to grant an injunction.

Listen as our authoritative panel examines the requirements for obtaining a PI or TRO and what defendants need to do to avoid them. The panel will discuss considerations that should be weighed before seeking a TRO or PI and the hurdles that arise for plaintiffs, including challenges of proving irreparable harm. They will also offer guidance for overcoming the hurdles.