preliminary injunction

The U.S. Court of Appeals for the Third Circuit recently was asked to determine whether “a party seeking a preliminary injunction pursuant to the Lanham Act, is entitled to a presumption of irreparable harm.” Ferring Pharms.. Inc. v. Watson Pharms.. Inc., 2014 U.S. App. LEXIS 16426 at *1 (3d Cir. N.J. Aug. 26, 2014). The Court, departing from the decisions of many federal courts over the years, held that a trademark owner who seeks to enjoin someone else from unlawfully using his trademark, must establish irreparable harm through competent proofs, and may not rely on a “presumption” of such harm.
Continue Reading U.S. Court of Appeals Addresses Presumption of Irreparable Harm: Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc.