James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, PA, on April 3, 2021. Photo: Diego M. Radzinschi/ALM 3rd Circ. Clarifies When Federal Courts May Issue Injunction Under Trademark Modernization Act of 2020
"Nichino contends that the TMA precluded the District Court's decision about irreparable harm," stated Matey. "But the District Court admirably navigated Congress' newly minted rebuttable presumption."
August 15, 2022 at 06:44 PM
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The original version of this story was published on Delaware Law Weekly
A precedential opinion by the U.S. Court of Appeals for the Third Circuit found there was no reversible error in a Delaware district court's denial of a motion for preliminary injunction brought by Nichino America against Valent U.S.A. in one of the first suits to apply the Trademark Modernization Act of 2020.
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