Trademark Infringement and Irreparable Harm: Implications of the Trademark Modernization Act
Proving Harm With and Without Survey Evidence
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE webinar will guide trademark counsel on the courts' treatment of irreparable harm since the eBay decision and the Trademark Modernization Act's (TMA) impact. The panel will also discuss the steps to take to prove irreparable harm and obtain an injunction--both with and without survey evidence.
Outline
- Irreparable harm in trademark cases since eBay
- Treatment by federal courts of appeal
- Treatment by federal district courts
- Implications of the TMA
- Proving irreparable harm without the aid of survey evidence
- Demonstrating irreparable harm using surveys as a proxy
Benefits
The panel will review these and other key issues:
- Impact of the TMA for irreparable harm
- Use of survey evidence as a proxy for proving harm
- Lessons from rulings regarding irreparable harm in recent trademark infringement cases
Faculty

Jessica D. Bradley
Partner
Jones Day
Ms. Bradley has more than 15 years of experience litigating trademark, trade dress, false advertising, unfair... | Read More
Ms. Bradley has more than 15 years of experience litigating trademark, trade dress, false advertising, unfair competition, dilution, and copyright cases. She also counsels clients on trademark clearance, prosecution, and enforcement, including representing clients before the TTAB. Ms. Bradley has obtained victories for her clients at trial as well as preliminary injunction evidentiary hearings in federal courts throughout the country. Her practice encompasses a variety of consumer products and services, including automobiles, consumer electronics, clothing, and vacuum cleaners.
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Meredith M. Wilkes
Partner
Jones Day
Ms. Wilkes is a trial lawyer whose practice is focused on brand protection and enforcement. She has led... | Read More
Ms. Wilkes is a trial lawyer whose practice is focused on brand protection and enforcement. She has led high-stakes trademark, trade dress, trade secret, false advertising, unfair competition, and design patent litigation for global brands in federal and state courts throughout the U.S. Ms. Wilkes also counsels clients on brand selection and clearance strategies worldwide from searching to filing to enforcement. She is a frequent speaker on brand issues and is Co-Leader of the firm's global Trademarks, Unfair Competition & Copyrights Group.
CloseEarly Discount (through 04/23/21)
Cannot Attend May 18?
Early Discount (through 04/23/21)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.