On December 3, 2019, the U.S. Senate Judiciary Subcommittee on Intellectual Property held a hearing to discuss fraudulent trademarks and their impact on American businesses. Finnegan partner Douglas Rettew testified before the subcommittee to specifically address the presumption of irreparable harm in Lanham Act cases. He cited the U.S. Supreme Court’s 2006 eBay v. MercExchange decision, which ruled that a presumption of irreparable harm does not automatically arise in patent cases. However, that decision was not definitive as to whether such a presumption applies to Lanham Act trademark cases, leaving courts split on how it should be applied. He said, “I believe the presumption is needed for the trademark system to function properly, fairly and effectively.”
