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BNA INSIGHTS: Don’t Despair: Even Without a Presumption of Irreparable Harm, IP Plaintiffs Are Still Likely to Win a Preliminary Injunction After Establishing a Likelihood of Success on the Merits

July 16, 2010 in Patent Trademark & Copyright Journal · Leave a Comment 

Plaintiffs seeking a preliminary injunction in copyright or trademark infringement cases have long benefited from a presumption of irreparable harm that followed a showing of a likelihood of success on the merits. The presumption of irreparable harm was a free pass. Once a plaintiff showed success the court assumed irreparable harm unless…

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