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September-October, 2017 Vol. 107 No. 5 Back to TMR Main Page
 
Adios! to the Irreparable Harm Presumption in Trademark Law
 
 

The U.S. Supreme Court unexpectedly upset trademark preliminary injunction law in a 2006 patent law case.  Before that, courts had found that a strong trademark case, without more, signified irreparable harm, but no longer. Most now raise the bar, asking plaintiffs to prove such harm separately, whatever the merits of their case.