September 17, 2021 | Legal News

Congress Provides a Boost to Trademark Enforcement

A recent amendment to the federal trademark law makes it easier for franchisors to obtain injunctive relief against trademark infringers, like holdover franchisees. Injunctive relief requires proof of irreparable harm—harm not adequately compensable by money damages, which can be difficult to prove. The amendment to the Lanham Act creates a rebuttable presumption of irreparable harm when the trademark owner shows it is likely to succeed on the merits of an infringement claim. Since the amendment took effect, district courts across the country have recognized and applied the amendment, making injunctive relief more readily available in instances where the trademark infringement is sufficiently clear-cut.

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