On December 27, 2020, the U.S. incorporated a vital change in trademark law with the instituting of the Trademark Modernization Act of 2020 (TMA). The central feature of this legislation was the codification of a precedent in Section 34(a) of the Lanham Act. Under this modification, a trademark owner filing for injunctive relief due to trademark infringement or unfair competition can claim a rebuttable presumption of irreparable harm.
This presumption can be brought up once the movant proves liability or points out a possible chance of liability for immediate relief. Despite this legal protection, the inclination for litigants to engage in forum shopping is likely to persist, given the Congress’ deficit in providing further guidance on the interpretation of this principle.
While the TMA’s legislation has provided a safeguard to trademark owners against infringement and unfair competition, the practical implementation of this new rule isn’t without its challenges. A detailed exploration of such developments post-TMA paints an interesting, albeit complex picture. To delve deeper into this topic, consider reading this piece, which provides a nuanced perspective on how courts have grappled with implementing the presumption of irreparable harm in trademark cases.