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“To Presume, or Not to Presume, Irreparable Injury in Trademark Disputes Involving Franchises Following eBay and Winter”

Franchise Law Journal (Vol. 36, No. 1, Summer 2016) Scott McIntosh and Jonathan P. Labukas

Below is an excerpt:

The recent tenth anniversary of the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C. marks an appropriate time to consider the impact of the eBay decision and the Court’s subsequent decision in
Winter v. Natural Resources Defense Council, Inc. on injunctions in trademark disputes involving franchises.

As most franchise practitioners would acknowledge, the franchisor’s trademark is one of the most valuable components of a franchise system.

Originally published in Franchise Law Journal, Vol. 36, No. 1, Summer 2016