Authors

Daniel Stephen

Press Play to Presume: The Policy Benefits Behind the Trademark Modernization Act's Resurrection of the Irreparable Harm Presumption in False Advertising Cases

Abstract

Part I of this Note provides background information on the history and principles surrounding injunctions generally, the Supreme Court’s rulings in eBay and Winter, federal courts’ rulings after these decisions, and the Trademark Modernization Act of 2020. Part II presents anti-presumption advocates’ arguments against the presumption due to longstanding equitable concerns and because, in their view, requiring a showing of irreparable harm is not too difficult. Lastly, Part III discusses why the irreparable harm presumption in the TMA serves as beneficial policy by presenting counterarguments to anti-presumption reasoning and additional benefits of the presumption.

This abstract has been taken from the author's introduction.

Repository Citation

Daniel Stephen, Press Play to Presume: The Policy Benefits Behind the Trademark Modernization Act's Resurrection of the Irreparable Harm Presumption in False Advertising Cases, 65 Wm. & Mary L. Rev. 713 (2024), https://scholarship.law.wm.edu/wmlr/vol65/iss3/5