iIn Ferring Pharmaceuticals v. Watson Pharmaceuticals (No. 13-2290, 3rd Circuit, August 26, 2014), the Third Circuit held that a party seeking injunctive relief under the Lanham Act is not entitled to a presumption of irreparable harm. Relying on the Supreme Court’s reversal of MercExchange, LLC v. eBay, Inc., 401 F.3d 1323 (Fed. Cir. 2005) and other cases, the Third Circuit held that, “there is no presumption of irreparable harm afforded to parties seeking relief in Lanham Act cases.” Not all Circuits have yet adopted this position, with several Circuits declining to address the issue. See e.g., Swarovski Aktiengesellschaft v. Bldg. No. 19, Inc., 704 F.3d 44, 53-55 (1st Cir. 2013)(declining to decide the issue in a Lanham Act context) and Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 313 (5th Cir. 2008) (same).
Third Circuit Holds that Irreparable Harm Must be Proven (Not Presumed) in Lanham Act Claim
Thursday, November 13, 2014
