Trademarks and Brands

Lee Eulgen and Olivia Luk Bedi, Guest Bloggers

Lee Eulgen is partner in Neal Gerber & Eisenberg’s Intellectual Property Group where he focuses his practice on intellectual property litigation, negotiation, and counseling, including trademark, copyright, patent, right of publicity, trade secret, trade dress, domain name, entertainment, unfair competition, and privacy-related matters. Olivia Luk Bedi, an intellectual property litigator at Neal Gerber & Eisenberg, regularly represents individuals and corporations across the country in complex technological matters. She focuses on defending and enforcing intellectual property rights, including patents, trade secrets, copyrights and trademarks, in areas such as biochemistry, computer engineering, electrical engineering, software design, and mechanical engineering.



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Attorneys Unite: Consequences of eBay for Brand Owners and a Potential Remedy

by Lee Eulgen and Olivia Luk Bedi, Guest Bloggers on Thursday, 21 September, 2017

It has been over a decade since the U.S. Supreme Court’s decision in eBay, Inc. v. MercExchange, LLC, 547 U.S. 388 (2006) changed the near universal presumption of irreparable harm in injunction proceedings in intellectual property cases. While that sea change has touched all facets of IP litigation, trademark owners and their attorneys have been particularly affected because the nature of harm in the trademark context is quite different from patent and copyright cases.

In eBay, the Court held that in a patent infringement action, the customary four factors must be established for injunctive relief: (1) a likelihood of success on the merits; (2) irreparable injury; (3) balance of harms favors granting an injunction; and (4) the injunction is in the public interest. The Court specifically stated that the “decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with the traditional principle of equity, in patent disputes no less than in other cases governed by such standards.” eBay turned on its head the Federal Circuit’s prior, longstanding rule that courts issue permanent injunctions against patent infringement absent exceptional circumstances.

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Topics: trademarks


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