1-Hour Program

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This Briefing about preliminary injunction (“PI”) motions in trademark infringement cases will provide an update on the law, along with practice pointers.

Formerly, PI motions were the prevailing method of judging trademark infringement. That procedure is now under a cloud that has proved a major problem for plaintiffs.  As the result of relatively recent Supreme Court precedent, plaintiff-movants for PIs must independently prove “irreparable injury”, and may not rely on any presumption based on likelihood of success on the merits. Case law is notably split, and courts in different circuits have taken different views of trademark PI motion criteria. The plaintiff’s burden has proved so heavy and difficult in many courts that the International Trademark Association and the American Intellectual Property Law Association have petitioned Congress for a new statute to shift the burden.    

This update will include review of the law followed in recent cases, plus discussion of the practicalities of evidence, pro and con, for both plaintiffs and defendants.

Please join Richard L. Kirkpatrick, William P. Atkins and Laura C. Gustafson of Pillsbury Winthrop Shaw Pittman LLP as they:

  • Update the current requirements for PI motions;
  • Review the U.S. Supreme Court’s decision in eBay v. MercExchange and its significant effects;
  • Discuss Courts’ and litigants’ reactions to heightened “irreparable injury” proof requirements;
  • Discuss latest case examples; and
  • Offer practical considerations and strategies.

Participants in this One-Hour Briefing are entitled to a 35% discount off PLI’s Likelihood of Confusion in Trademark Law.


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