How Franchisors can Prove Irreparable Harm in an Uncertain Legal Landscape

How Franchisors can Prove Irreparable Harm in an Uncertain Legal Landscape

Ever since eBay, Inc. v. MercExchange, L.L.C.in 2006 and Winter v. Nat. Resources Defense Council, Inc.in 2008, the United States circuit courts appear to be split over whether a franchisor has a presumption of irreparable harm if trademark infringement exists when seeking an injunction.  In the years following these two cases, some circuits have decided to abandon the presumption altogether while some have kept it. Due to this circuit split

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