In this article, Law360 spoke with “trademark vets” for practical advice on preliminary injunctions. Finnegan partner Douglas A. Rettew spoke on the significance of researching the specific court and the judge’s standards for evidence. “There are many judges that will accept more freely than he or she would at trial evidence that might be considered [at full trial] to be hearsay or not properly authenticated,” said Rettew. “But what people don’t seem to realize is that there are some judges who just will not do that. It cannot be assumed. That can make or break a case, whether you get certain types of evidence admitted.”
Rettew also commented on the importance of demonstrating harm. “More and more courts are applying eBay in the trademark context, to the point that now there is not necessarily a presumption of irreparable harm,” he said. “It’s very important as a plaintiff in a trademark case to come forward with some evidence of irreparable harm.”
