Third Circuit Eliminates Presumption of Irreparable Harm in Trademark Cases

Originally published by Klemchuk Kubasta LLP RSS Feed .

With its recent opinion in Ferring Pharms., Inc. v. Watson Pharms., Inc., 765 F.3d 205 (3rd Cir. 2014), the Third Circuit eliminated the presumption of irreparable harm for Lanham Act plaintiffs seeking injunctive relief.  The decision reversed longstanding precedent that provided plaintiffs with a presumption of irreparable harm and extends the Supreme Court’s ruling in eBay v. MercExchange, LLC, 547 U.S. 403 (2006).  It also significantly raises the bar for plaintiffs to obtain injunctive relief by requiring them to prove not only a likelihood of success on the merits, but also that irreparable harm will likely result absent the issuance of an injunction. 

The Third Circuit’s holding in Ferring Phrams. follows the Ninth Circuit’s ruling in Herb Reed Enters., LLC v. Florid…

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