Winter v. NRDC: A Stricter Standard for Irreparable Harm in Trademark Cases?

Howrey partner Thomas Williams  (CH) wrote “Winter v. NRDC: A Stricter Standard for Irreparable Harm in Trademark Cases?,” which was published in the October/November/December 2009 issue of the Journal of the Patent and Trademark Office Society.

“Plaintiffs seeking preliminary injunctions in trademark cases have historically enjoyed a presumption of irreparable harm in the four-factor preliminary injunction analysis. However, several district courts have rejected the presumption in light of a 2008 U.S. Supreme Court decision, Winter v. Natural Res. Def. Council, Inc. (denying injunctive relief under the National Environmental Policy Act of 1969). Courts are divided regarding Winter’s application in the trademark context. Some courts hold that Winter abolishes the irreparable harm presumption in trademark cases. Others suggest that the presumption can coexist with Winter’s stricter standard. Trademark plaintiffs seeking preliminary injunctive relief should be cognizant of this trend.”