Irreparable Harm in Lanham Act False Advertising Litigation
12 PM EST
The panel will recent cases such as Third Circuit’s August 26, 2014 decision in Ferring Pharmaceuticals v. Watson Pharmaceuticals and the Herb Reed case in the Ninth Circuit --- these case confirms not only the new law that plaintiffs are not entitled to a presumption of irreparable harm in Lanham Act false advertising cases, the case poses a more fundamental question: How exactly does a Lanham Act plaintiff demonstrate irreparable harm? Even with a direct comparative and literally false advertisement, a Lanham Act plaintiff still must make a “clear showing” of irreparable harm in order to obtain a preliminary injunction. Such a showing must comply with the requirement that the plaintiff
*Sherrie Schiavetti, Kelley Drye
*Roger Colaizzi, Venable LLP
*David Bernstein, Debevoise & Plimpton LLP
*Rebecca Tushnet, Georgetown University
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