Injunction Relief in Lanham Act Cases Post-Herb Reed

by C. Griffith Towle

Spring 2016 – Motions for preliminary injunctive relief are routinely sought in cases involving claims for trademark infringement. For many years, once a moving party established a likelihood of success on the merits, irreparable harm was presumed and an injunction would usually be issued. This all changed with the Ninth Circuit’s holding in Herb Reed Enter., LLC v. Florida Entm’t Mgmt., Inc., 736 F.3d 1239 (9th Cir. 2013).  View PDF article.