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Injunctions Irreparable Harm

McDermott Will & Emery

Quack, Waddle and Duck: Order That Grants Injunctive Relief Is an Injunction

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The US Court of Appeals for the Fourth Circuit vacated and remanded a district court ruling, finding that the district court failed to properly apply the Federal Rules of Civil Procedure (FRCP) in granting injunctive relief....more

Weintraub Tobin

District Court Rules Twenty-Two Month Delay in Filing Copyright Case Favors Denying Plaintiffs’ Request for Preliminary Injunction

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In Jacobs et al v. The Journal Publishing Company et al, 1-21-cv-00690, District Judge Martha Vazquez of the District Court of New Mexico recently held Plaintiffs’ twenty-two-month delay in filing suit rebutted any...more

Saul Ewing LLP

How can an emergency injunction save your business?

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In this episode of "The Entrepreneur Advisor," Partner Steven Malitz of Saul Ewing Arnstein & Lehr’s Litigation Practice discusses how emergency injunctions may be obtained and used as a tool to protect business interests....more

Weintraub Tobin

Irreparable Harm For Permanent Injunction Supported By Lost Profits Award

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In f’real Foods, LLC et al v. Hamilton Beach Brands, Inc. et al, 1-16-cv-00041 (DDE 2020-07-16, Order) (Colm F. Connolly), plaintiffs freal Foods, LLC and Rich Products Corporation sued defendants Hamilton Beach Brands, Inc....more

Bricker Graydon LLP

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

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On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

Bricker Graydon LLP

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

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Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more

Bennett Jones LLP

Court Finds Indigenous Law Not a Defence to an Injunction to Restrain Protests

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On December 31, 2019, the British Columbia Supreme Court confirmed that interlocutory injunctions, which can include police enforcement clauses, are an available remedy to restrain protesters from blockading pipeline projects...more

McDermott Will & Emery

Cookie Crumbles Against Injunction Granted to Terminated Trademark Licensee

Concluding that a terminated exclusive trademark licensee failed to establish the elements required to impose a preliminary injunction, the US Court of Appeals for the 10th Circuit reversed the district court’s grant of a...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit—the CIT Need Not Issue Multiple Injunctions Barring Liquidation of the Same Imports

The U.S. Court of International Trade (CIT), like most other federal courts, may issue an injunction to afford equitable relief to the parties that appear before it. Those injunctions typically bar the federal government from...more

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

Perkins Coie

Federal Agencies Must Modify Operations at Columbia River Hydroelectric System to Protect Salmonid Species

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The Federal Court of Appeals for the Ninth Circuit recently affirmed a district court order requiring that the National Marine Fisheries Service, the Corps of Engineers, and the Bureau of Reclamation conduct spill operations...more

McDermott Will & Emery

Trebled Damages Means No Injunction for Knock-Off Software

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The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

Bennett Jones LLP

How to Protect Commercial Interests in British Columbia through Pre-Trial Injunctions: The Confusion Continues

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Courts in British Columbia continue to struggle with when a pre-trial injunction should be issued to protect commercial interests. One aspect of this concerns the existence of evidence necessary to show that damage to an...more

Bennett Jones LLP

Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results

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The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the...more

Blake, Cassels & Graydon LLP

Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google...more

Foley Hoag LLP - Environmental Law

Two Days, Three Decisions, One Big Mess: Welcome to Judicial Review of the Waters of the United States Rule

On Wednesday, Judge Irene Keeley of the Northern District of West Virginia held that district courts do not have jurisdiction to hear challenges to EPA’s rule defining waters of the United States, because courts of appeal...more

Pullman & Comley - Labor, Employment and...

Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his...more

McDermott Will & Emery

Verfassungsbeschwerden gegen Tarifeinheitsgesetz eingelegt

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Gegen das seit einer knappen Woche geltende Gesetz zur Tarifeinheit liegen nun zwei Verfassungsbeschwerden vor. Eingereicht haben sie der Marburger Bund sowie die Pilotenvereinigung Cockpit. Gleichzeitig mit der Einlegung der...more

Seyfarth Shaw LLP

Non-Compete That Grants An Employer The Right To Seek Injunctive Relief No Guarantee That Injunction Will Issue

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A trial court declined to enter a preliminary injunction in a non-compete covenant case despite a provision in the covenant giving the employer the “right to seek injunctive relief in addition to any other remedy available to...more

BakerHostetler

Third Circuit Rejects Presumption of Irreparable Harm in Lanham Act Cases

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The Third Circuit ruled in Ferring Pharmaceuticals v. Watson Pharmaceuticals on August 26 that “a party seeking a preliminary injunction in a Lanham Act case is not entitled to a presumption of irreparable harm but rather is...more

McDermott Will & Emery

Ninth Circuit Eliminates Presumption of Irreparable Harm for Trademark Owners Seeking a Preliminary Injunction - Herb Reed...

In yet another chapter in the epic saga regarding use of the musical group name “The Platters,” the U.S. Court of Appeals for Ninth Circuit overturned precedent by finding that irreparable harm must be proven in trademark...more

Dorsey & Whitney LLP

Ninth Circuit Raises The Bar For Plaintiffs Seeking Trademark Injunctions

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The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a...more

Brooks Pierce

Usurpation Of Corporate Opportunity Yields Preliminary Injunction

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A breach of fiduciary duty by the Defendants resulted in a sweeping preliminary injunction in an Order entered by the Business Court last Friday, in Esposito v. Esposito....more

King & Spalding

Intellectual Property Newsletter - January 2013

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In This Issue: *News From the Bench - Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion. - Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser Carton. ...more

BakerHostetler

Patent Watch: Presidio Components, Inc. v. Am. Tech. Ceramics Corp.

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[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages. On December 19, 2012, in Presidio Components, Inc. v. Am. Tech....more

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