The Tale of Three Presumptions

A presumption of irreparable harm in trademark cases may be retired, but evidence of likelihood of confusion can still support an inference of irreparable harm.

On May 29, 2018, the Los Angeles Daily Journal published an article written by Atkinson Andelson attorney Brian Wheeler that expanded on an article he wrote about the Ninth Circuit’s adidas v. Skechers decision that appeared in the May 18, 2018, issue of the Daily Journal. In this second article, Brian focuses on the future for inferred irreparable harm in trademark and trade dress cases based on the dueling majority and dissenting opinions in adidas and the underlying reasoning for the former presumption of irreparable harm in trademark and trade dress cases that he opines survives the retirement of the legal presumption.  Read the full article here.

Brian, a partner in Atkinson Andelson’s Cerritos office, focuses his practice on intellectual property litigation, including trademark, trade dress, copyright, and design patent infringement, as well as trade secret misappropriation and unfair competition.  He regularly represents clients in trademark and trade dress matters.

Categories: Litigation, Trade Dress

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