December 5, 2019
On December 3, 2019, the United States Senate Judiciary Subcommittee on Intellectual Property held a hearing where Finnegan partner Douglas ‘Chip’ Rettew testified to address the presumption of irreparable harm in Lanham Act cases.
Before 2006, courts recognized a presumption of irreparable harm in Lanham Act cases upon a showing of success on the merits. In 2006, the Supreme Court of the United States eliminated this presumption for patent cases, which in turn made it unclear as to whether this presumption applies to Lanham Act cases. Noting the split of authority that has ensued, and confusion on what’s required to prove irreparable harm, Doug’s testimony detailed the need for clarity on the issue.
Doug’s full testimony can be viewed here.
About Finnegan
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com. Follow us on LinkedIn and Twitter.
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