Intellectual Property
May 28, 2021
The growing split over presuming irreparable harm in federal trade secret cases
Irreparable harm, although a necessary element of injunctive relief, can be difficult to pin down in unfair competition cases. Any brand owner would intuitively understand the competitive harm that could result from losing control of their reputation.
Conor Tucker
litigation and appellate law
Conor regularly represents clients before the Court and in state and federal courts of appeal across the country. Views expressed here are solely those of the author and do not necessarily reflect the views of his firm or its clients.
Irreparable harm, although a necessary element of injunctive relief, can be difficult to pin down in unfair competition cases. Any brand owner would intuitively understand the competitive harm that could result from losing control of their reputation. But the assertion that such harm cannot be recompensed with money damages may seem conclusory to a court. And particularly where the statutory violation and the harm flowing from it can appear to be one and the same (suc...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In