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Adidas v. Skechers Trademark Ruling Leaves Plenty Unclear

Law360 (May 18, 2018, 5:51 PM EDT) -- Trademark attorneys had hoped that a Ninth Circuit ruling in Adidas’ lawsuit against Skechers might clear up recent uncertainty about how to win a preliminary injunction, but experts say the decision has left plenty up in the air.

Ahead of last week’s ruling, Adidas’ case had been closely watched by trademark attorneys looking for an answer to a major open question: How do you show enough irreparable harm to win a preliminary injunction?

It seems like something so basic should be settled law, but the question has nagged at trademark attorneys since the U.S. Supreme Court's 2006 ruling in eBay Inc....

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