Preliminary Injunction

Buried deep in the roughly 5,500 pages of the most recent COVID relief legislation are two unexpected gifts for trademark owners. One of those gifts, the Trademark Modernization Act:

(a) Essentially overrules eBay v. MercExchange and creates a rebuttable presumption of irreparable harm on a finding of trademark infringement, including in instances of cybersquatting;

Yesterday, Washington federal judge Richard A Jones denied the International Franchise Association’s request for a preliminary injunction which would have stalled the implementation of Seattle’s wage hike to the $15-per-hour minimum wage for that city as it applies to franchisees.  As we have blogged in the past, the schedule to implement the $15 minimum