Trademark Litigation: Obtaining or Opposing Preliminary Injunctions and Temporary Restraining Orders

Navigating Inconsistent Court Treatment and Demonstrating Irreparable Harm

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, June 6, 2017
Recorded event now available


This CLE webinar will provide guidance to trademark counsel on temporary restraining orders (TROs) and preliminary injunctions (PIs) in trademark infringement cases. The panel will discuss the courts’ treatment of irreparable harm in trademark cases since the eBay decision and will offer guidance for overcoming the hurdles of obtaining or opposing these emergency motions.

Description

TROs and PIs have been the standard remedy to challenge and stop trademark infringements at an early stage. TROs and PIs or the threat of them can cause a defendant to halt production or lock down advertising campaigns and warehouses of branded merchandise. A PI is a powerful tool that often prompts defendants to rethink, redesign or abandon the challenged brand.

Since the Supreme Court, in eBay v. MercExchange (U.S. 2006), rejected the notion that there is a presumption of irreparable harm upon a finding of infringement for purposes of determining whether to grant a permanent injunction in patent cases, appellate and district courts have reached inconsistent conclusions about whether the long-established rule that a trademark owner is entitled to a presumption of irreparable harm upon a showing of a likelihood of confusion is still applicable in trademark cases.

In addition to overcoming the hurdle of demonstrating a likelihood of success on the merits, trademark counsel are often faced with the challenge of presenting sufficient evidence of irreparable harm in order to persuade a court to grant an injunction.

Listen as our authoritative panel examines the requirements for obtaining a PI or TRO and what defendants need to do to avoid them. The panel will discuss considerations that should be weighed before seeking a TRO or PI and the hurdles that arise for plaintiffs, including challenges of proving irreparable harm. They will also offer guidance for overcoming the hurdles.

Outline

  1. Considerations when deciding whether to seek a TRO or PI
  2. Requirements for TROs and PIs
  3. The viability of the presumption of irreparable harm after eBay v. Mercexchange
  4. How to demonstrate irreparable harm in trademark cases

Benefits

The panel will review these and other key issues:

  • Strategic considerations to determine whether preliminary relief should be sought

  • Steps to prove irreparable harm to obtain an injunction

  • Practical lessons from rulings regarding TROs and PIs in recent trademark infringement cases

Faculty

Bryce J. Maynard, Counsel
Buchanan Ingersoll & Rooney, Alexandria, Va.

Mr. Maynard focuses his practice in the area of trademark law. He has significant experience in trademark litigation, including litigation in the federal courts and the International Trade Commission, as well as before the Trademark Trial and Appeal Board. His experience also includes counseling foreign and domestic clients in the selection, clearance, prosecution and monitoring of trademarks in the U.S. and abroad. He also has significant experience in domain name matters.

Georgia E. Yanchar, Partner
Calfee Halter & Griswold, Cleveland

Ms. Yanchar concentrates her practice on IP and information technology litigation and counseling. Her experience includes representing clients in infringement matters concerning a wide variety of technological fields and she has led all aspects of the litigation process, including the preparation of initial pleadings and joint defense agreements, Markman hearings, written and oral motion practice, negotiation of settlements, and trial planning. Ms. Yanchar has taught as an adjunct professor of trademark law at Case Western Reserve University School of Law.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

I like Strafford's web interface.

Theodore Hasse

Morrison & Foerster

The webinar contained lots of information on the subject matter and was very informative.

Gregory Ourada

HILL, KERTSCHER & WHARTON

The seminar wasn't presented like a law school class full of hypotheticals and ideal responses. The presenters discussed actual scenarios that we may face and the most practical way to address them.

Anna Miller

Holland & Hart

The subject matter was presented at the right level of detail.

Tony Onorato

Steptoe & Johnson

The speakers seemed knowledgeable enough to talk about the subject matter in an easily digestible manner.

Daniel M. Cleary

Gotham Insurance/New York Marine & General Insurance

or call 1-800-926-7926

Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Locke Lord

David S. Bloch

Partner

Winston & Strawn

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Mark P. Wine

Partner

Orrick

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.