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Legal Commentary
: LawPundit2nd Circuit applies Patent Injunction Standard of eBay v. MercExchange to Copyright Infringement: Injunctive Relief granted Only Upon Establishment of Irreperable Harm
By Andis Kaulins
"What is clear is that, at least in the Second Circuit, copyright holders may no longer rely on the presumption of irreparable harm that normally arose upon a showing of likelihood of success on the merits. Instead, preliminary injunctions require a showing of each of the equitable principles without the benefit of any presumption."Here is the U.S. Supreme Court precedent in eBay, Inc. v. MercExchange, 547 U.S. 388 (2006):
Full post as published by LawPundit on May 20, 2010 (boomark / email).
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