You Irreparably Harmed My Brand!

The Trademark Modernization Act (TMA) codified a rebuttable presumption of irreparable harm when seeking injunctive relief from a Lanham Act violation. Learn about this requirement, the other elements you must establish to obtain a permanent injunction, and strategic considerations for obtaining and defending against an injunction in a trademark action.

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Related Content

• Trademark Modernization Act Overview
  Review the key changes to trademark law contained in the TMA, including a rebuttable presumption of irreparable harm when seeking injunctive relief, a process for submitting third-party evidence during trademark examination, shortened office action response periods, new ex parte expungement and reexamination procedures for cancelling existing registrations, and a new ground for cancellation of non-use.

• Trademark Infringement and False Designation of Origin Claims, Remedies, and Defenses
  Brush up on the fundamentals of trademark infringement and false designation of origin claims under the Lanham Act, including standing requirements, the necessary elements to prove such claims, and potential remedies (including injunctive relief, damages, and attorneys' fees).

• Policing and Enforcing Trademarks
  Learn how to monitor new trademark applications and the marketplace for potentially conflicting or infringing marks and enforce your trademarks.

• Trademark Enforcement Resource Kit
  Explore more Practical Guidance resources on preventing misuse, policing and enforcing marks.

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