How Much Actual Harm Must Be Demonstrated To Obtain an Injunction?
Moseley et al. v. V Secret Catalogue Inc. et al. Docket No. 01-1015 From: The Sixth Circuit Case at a Glance In copyright and trademark infringement cases courts generally presume that the “irreparable harm” necessary for a preliminary injunction is established from a prima facie proof of infringement. The Supreme Court is now asked to determine whether for trademark dilution, a much tougher standard is warranted even for a permanent injunction. • Previewed by Hugh C. Hansen, professor of law at Fordham University School of Law in New York City; (212) 636-6854 or hhansen@law.fordham.edu. He is a contributing editor for Preview and the founder and director of the Fordham Annual Conference on International Intellectual Property Law and Policy.
