11th Circuit Vacates Injunctions Against Axiom

Law360, New York (April 9, 2008, 12:00 AM EDT) -- An appeals court has vacated preliminary injunctions against Axiom Worldwide Inc. in a trademark infringement and false advertising suit filed by North American Medical Corp. over traction devices used to treat lower back pain.

Judge Lanier Anderson of the U.S. Court of Appeals for the Eleventh Circuit ruled Monday that the district court had wrongly presumed NAM would suffer irreparable harm in the absence of a preliminary injunction. The lower court may still reinstate the injunctions, but it must establish likely harm to NAM by evidence,...
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