H. Dickson Burton from TraskBritt in Salt Lake City gave a presentation at the IPI’s winter conference explaining how to obtain a preliminary injunction in a patent case. Here is my summary of his presentation with links to some of the cases he mentioned….Continue reading Steps to Obtain a Preliminary Injunction in a Patent Case
The Copyright Act gives a copyright owner certain exclusive rights but what happens when another federal statute grants the same rights to others. When those others engage in conduct…Continue reading Does a Federal Statute Authorizing Copyright Infringement Trump the Copyright Law?
A recent Tenth Circuit decision in a trademark case demonstrates that it is possible to win even when nothing goes right. In this case, Lorillard Tobacco Co. v. Engida , plaintiff…Continue reading Can You Win Even When You Lose? Lorillard Shows How in a Trademark Case
Plaintiffs seeking a preliminary injunction in copyright or trademark infringement cases have long benefited from a presumption of irreparable harm that followed a showing of a likelihood of success on…Continue reading Don’t Despair: Even Without a Presumption of Irreparable Harm You Are Still Likely to Win a Preliminary Injunction in Copyright Litigation after Establishing a Likelihood of Infringement