Trademark Preliminary Injunction Issues Arrive At Congress

By Richard Kirkpatrick (September 19, 2018, 12:40 PM EDT) -- Almost four years ago, I anticipated new evidentiary problems in preliminary injunction motions in trademark cases due to recent U.S. Supreme Court precedent. In subsequent case law in the lower courts, the difficulties have proved out and proved hard on plaintiffs. In response, after research and resolutions, the leading intellectual property and trademark law associations have acted. On Sept. 4, they sent a joint letter to Congress seeking legislation to restore the status quo ante....

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