In Managing IP, Peter Brody Analyzes Trademark Modernization Act
In a Managing Intellectual Property article on the newly passed Trademark Modernization Act, IP litigation partner Peter Brody (Washington, D.C.) explains that he expects the resumed presumption of irreparable harm, that can provide an injunction, to have a significant effect on clients’ litigation strategies because they will have better chances of obtaining injunctive relief.
Peter notes that it was unclear what kind of evidence would establish irreparable harm in the courts that didn’t recognize the presumption of it. He explains that trademark owners were cautious of seeking injunctive relief and that some trademark owners chose not to file cases that they could have pursued, or decided not to file certain motions in lawsuits they were litigating. Peter expects the Trademark Modernization Act should result in plaintiffs filing more lawsuits and courts granting more motions.
Peter previously testified before the U.S. Congress on behalf of the International Trademark Association in support of legislation to restore the rebuttable presumption of irreparable harm in injunctive proceedings in cases involving trademark counterfeiting, infringement, dilution, false advertising, and cybersquatting.