Law students learn early that injunctive relief is an extraordinary remedy reserved for cases where monetary damages are inadequate. One of the first lessons trademark lawyers learn is that courts will presume irreparable injury, justifying an extraordinary remedy, when a plaintiff proves trademark infringement or establishes a likelihood of success on the merits of a trademark claim.
Alarmingly, this fundamental trademark assumption is now in jeopardy as a result of the Supreme Court’s decision last year in eBay Inc. v. MercExchange LLC.
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