News & Analysis as of

Intellectual Property Protection Preliminary Injunctions Irreparable Harm

Ballard Spahr LLP

Government Signals Potential Shift Toward Preliminary Injunctions in Patent Infringement Cases

Ballard Spahr LLP on

In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more

McDermott Will & Emery

Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction

The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022: Don't Delay, Act Today: Showing of Irreparable Harm Damaged by Delay in Filing Complaint

In a recent court order out of the Eastern District of Washington, a judge denied the Plaintiff’s request for a preliminary injunction against Defendant’s use of the mark LEAVENWORTH OKTOBERFEST, based in part on Plaintiff’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

McDermott Will & Emery

That’s All He Wrote: Copyright Owners No Longer Enjoy Presumption of Irreparable Harm

McDermott Will & Emery on

Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more

Weintraub Tobin

TRUE STONE v. KEYSTONE: Stone Brewing’s Motion for Preliminary Injunction is Denied, but the Court’s Ruling Indicates a Finding of...

Weintraub Tobin on

On February 12, 2018, Stone Brewing, arguably the most well-known craft brewer, filed a complaint against MillerCoors LLC, the multinational beer conglomerate, for trademark infringement. Specifically, Stone Brewing alleges...more

Hogan Lovells

What you need to know about China's new Regulations on interim injunctions in IP cases

Hogan Lovells on

China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes”. ...more

Littler

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

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