• Supreme Court Denied Certiorari To Review eBay's Applicability to Lanham Act Cases
  • April 9, 2015
  • Law Firm: Staas Halsey LLP - Washington Office
  • The Supreme Court of the United States (“Supreme Court”) declined to review whether its holding in eBay v. MercExchange, 547 U.S. 388 (2006), on presumption of irreparable harm in patent infringement cases, should also apply to trademark infringement cases. Herb Reed Enterprises (“Herb”) sued Florida Entertainment Management (“FEM”) for trademark infringement in the U.S. District Court for the District of Nevada (“District Court”). Herb also sought a preliminary injunction against FEM’s continued use of the “The Platters” mark. The District Court granted Herb's request for a preliminary injunction. The District Court found that it could not condone “wide-scale infringement on the part of persons hoping to tread on the goodwill and fame of vintage music groups.” FEM appealed the District Court’s order granting a preliminary injunction.