Civil Litigation,
Intellectual Property,
9th U.S. Circuit Court of Appeals
May 29, 2018
A tale of three presumptions in trademark cases
The legal presumption of irreparable harm in Lanham Act cases may have been retired, but a 9th Circuit case suggests the logic underlying the presumption lives on, and rightfully so.
Brian M. Wheeler
Partner
Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Dr S Ste 300
Cerritos , California` 90703
Phone: (562) 653-3200
Email: BWheeler@aalrr.com
Brian focuses his practice on intellectual property litigation, including trademark, trade dress, design patent, and copyright infringement, as well as trade secret misappropriation and unfair competition cases. He regularly represents his clients in trade dress matters, including in particular litigation to enforce trade dress rights for products and product packaging that includes color as a prominent element of multi-element trade dress.
The legal presumption of irreparable harm in Lanham Act cases may have been retired, but the 9th U.S. Circuit Court of Appeals' majority and dissenting opinions in adidas v. Skechers, 2018 DJDAR 4293 (May 10, 2018), suggest the logic underlying the presumption lives on, and rightfully so.
For decades, strong evidence of likely success on the merits of a claim for patent, copyrig...
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