Ninth Circuit rejects presumption of irreparable harm for trademark owners. Herb Reed Enterprises, LLC v. Florida Entertainment Management, No. 12-16868 (9th Cir. Dec. 2, 2013). See eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) in which the Supreme Court rejected a similar presumption of irreparable harm in patent cases, which “effectively overruled” the Ninth Circuit’s prior decisions re trademark and copyright irreparable harm.
.Perfect 10, Inc. v. Google, Inc., No. 10-56316 (9th Cir. Aug. 3, 2011).
Links to cases:
Herb Reed case
Perfect 10 case
See also, Winter case
In Winter, the Court held that a party seeking an injunction in a non-patent case must show that irreparable harm is “likely,” not merely “possible.”