Intellectual Property Law

Salinger Remanded To Apply Ebay MercExchange Test

By Marty Schwimmer

And there you are. 2d Circuit text of decision reversing the preliminary injunction in the Salinger case here.

After eBay, however, courts must not simply presume irreparable harm. See eBay, 547
U.S. at 393. Rather, plaintiffs must show that, on the facts of their case, the failure to issue an
injunction would actually cause irreparable harm. This is not to say that most copyright
plaintiffs who have shown a likelihood of success on the merits would not be irreparably harmed absent preliminary injunctive relief. As an empirical matter, that may well be the case, and the
historical tendency to issue preliminary injunctions readily in copyright cases may reflect just
that.

Full post as published by Trademark Blog on April 30, 2010 (boomark / email).