Presuming Irreparable Harm In Infringement Cases

Law360, New York (April 22, 2008, 12:00 AM EDT) -- In North American Med. Corp. v. Axiom Worldwide, Inc., the 11th U.S. Circuit Court of Appeals recently questioned whether a finding of likelihood of confusion in a trademark infringement case is sufficient to establish irreparable harm for purposes of a preliminary injunction.

On April 7, 2008, the Court of Appeals affirmed in part, and vacated in part, a District Court’s issuance of a preliminary injunction in favor of plaintiffs, North American Medical Corp. (“NAM”) and Adagen Medical International, Inc. (“Adagen”).

The District Court had prohibited defendant,...
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