Trademark Modernization Act and the Codification of the Presumption of Irreparable Harm

Authors

Ethan LeBleu, University of GeorgiaFollow

Abstract

This Note analyzes injunctive relief for trademark cases. Specifically, this Note conducts an overview of the presumption of irreparable harm, as commonly applied throughout many of the Circuit Courts. This Note then transitions into the changes to the presumption of irreparable harm and how courts decided to grant injunctive relief after the Supreme Court’s decision in eBay v. MercExchange. The Note then dives into the Trademark Modernization Act of 2020, which codified the presumption of irreparable harm, and early court decisions interpreting the codified presumption. Following this background, this Note argues that Congress correctly decided to pass the Trademark Modernization Act of 2020 and that the Act will have a positive impact on trademark injunctions for years to come.

Recommended Citation

Ethan LeBleu, Trademark Modernization Act and the Codification of the Presumption of Irreparable Harm, 30 J. Intell. Prop. L. 206 (2022).
Available at: https://digitalcommons.law.uga.edu/jipl/vol30/iss1/8