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.


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.


  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


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


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.


CLE On-Demand - Streaming Video

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

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*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

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Customer Reviews

I liked that Strafford's webinar was not too long - 1 1/2 hours is a good compromise.

James Dawson

Koppel, Patrick, Heybl & Dawson

All of the speakers had a wide range of knowledge.

Kimberly Hayes

General Mills

I like Strafford's web interface.

Theodore Hasse

Morrison & Foerster

Ms. Morrison provides trademark and brand protection services with significant industry intelligence in the food and beverage, restaurant, healthcare, entertainment, and technology industries. Her practice provides efficient counsel to support the domestic and foreign trademark maintenance, clearance, registration, strategic brand protection and enforcement, and licensing needs of her clients.

Sheila Fox Morrison

Davis Wright Tremaine

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Ladas & Parry

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Intellectual Property Law Advisory Board

Stephen R. Baird


Winthrop & Weinstine

Charles S. Baker


Locke Lord

David S. Bloch


Winston & Strawn

Ian N. Feinberg


Feinberg Day Alberti & Thompson

Bassam N. Ibrahim


Buchanan Ingersoll & Rooney

Mark P. Wine



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