8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020
How can an emergency injunction save your business?
Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more
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
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
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
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
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
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
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
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
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
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
[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