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Has eBay Raised the Bid for Injunctions Under the Lanham Act?

By James H. Johnson and David E. Weslow and S. Mark Borowski of Sutherland Asbill & Brennan LLP

James H. Johnson, counsel of Sutherland's Intellectual Practice Group, focuses his practice on trademarks and service marks and unfair competition and domain name disputes. You may contact Jim at 404.853.8395 or

David E. Weslow is counsel in the Intellectual Property Practice Group and focuses his practice on litigation, prosecution, counseling and licensing of trademarks, copyrights and domain names. You may contact David at 202.383.0487 or

S. Mark Borowski is an associate in the Intellectual Property Practice Group, practicing primarily in the areas of patent prosecution, patent litigation, and trademark litigation. You may contact Mark at 404.853.8121 or

Special treatment is a rarity in the law, and the special treatment trademark owners have long enjoyed in relation to preliminary injunctions may soon come to an end.  Due to the Supreme Court’s decision in eBay, Inc. v. MercExchange, L.L.C.,1 many courts are reevaluating long-standing preliminary injunction practice and asking whether t...

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