U.S. Supreme Court,
Intellectual Property
Sep. 9, 2011
Copyright injunctions after eBay
The U.S. Supreme Court's restriction on injunctive relief may present one benefit to major content creators.
Steven B. Fabrizio
Andrew J. Thomas
Partner, Jenner & Block LLP
Phone: (213) 239-5100
Email: ajthomas@jenner.com
Harvard Univ Law School; Cambridge MA
Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.
CONTENT MATTERS
As many intellectual property lawyers predicted, the U.S. Supreme Court's 2006 decision in eBay Inc. v. MercExchange, a patent case, upset a considerable swath of what used to pass for conventional wisdom in the fields of copyright and trademark law. It once was the rule in nearly every federal circuit that in copyright and trademark cases irreparable harm would be presumed - and an injunction would issue - upon proof ...
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