Preliminary Injunctions

Slam-dunk obviousness trumps status quo (02/20/08)

In Erico v. Vutec et al., the Fed. Cir. held that the district court abused its discretion in granting a preliminary injunction against defendants. The Fed. Cir. laid out what appears to be a slam-dunk case of obviousness, showing lack of likelihood of success on the part of plaintiff in overcoming a validity challenge. J. Newman issued another trademark cogent and strident dissent, stating, “The district court decided that the status quo should be preserved during this litigation. In overturning that decision, the panel majority mistakes the law, misplaces the burdens, misconstrues the assumptions, and ignores the district court's discretionary authority and its balance of the equitable aspects.”

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