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,...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.