Preliminary injunctions – the end of the matter or just the beginning?

By Jane Shay Wald

While preliminary injunctions are meant to act as an emergency measure to preserve the status quo until a full trial, there are good reasons why many signal not only the start, but also the end of a trademark case

The point of a preliminary injunction in a trademark case is supposedly to preserve the status quo on a highly expedited basis, in advance of the full trial on the merits which – in theory – will follow. But will it? Not usually. The preliminary injunction is typically both the beginning and the end of the trademark case – not because of any arcane legal principle, but because of common sense.

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Issue 72