Trademark Infringement – Smoke Got In Their Eyes.

In a trademark infringement claim involving the vocal group, The Platters, the Ninth Circuit considered whether the likelihood of irreparable harm must be established, rather than presumed, by a plaintiff seeking injunctive relief in the trademark infringement context. The appeals court decided a showing was required and reversed the district court’s grant of an injunction. (Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc. (Ninth Cir.; December 2, 2013.) 736 F.3d 1239.)