Alex Kaplan was one of three panelists speaking at the Knowledge Congress’ webcast “Irreparable Harm and Trademark Law Demystified! A 2015 Perspective LIVE Webcast” This event was scheduled for Thursday, October 1, 2015 @ 12:00pm-2:00pm ET.  Complimentary passes were available for the first 30 registrants courtesy of Proskauer at  The event synopsis is below:

In 2006, the Supreme Court rejected the notion that there is a presumption of irreparable harm upon a showing of infringement regarding whether to grant a permanent injunction in patent cases in eBay v. MercExchange.  Since then, both the appellate and district courts inconsistently have addressed a presumption of irreparable harm in trademark and false advertising cases.  In October 2014, the Supreme Court denied certiorari in Herb Reed Enterprises L.L.C. v. Florida Entertainment Management Inc.  Hence, plaintiffs in Lanham Act cases must take caution to demonstrate irreparable harm to obtain injunctive relief.

The Knowledge Group has assembled an authoritative panel of thought leaders to provide the audience with an in-depth review and analysis of Lanham Act cases considering the required showing of proof of irreparable harm. This CLE webinar will help trademark and false advertising counsel understand the treatment of irreparable harm by federal courts around the country since the eBay v. MercExchange decision. The panel will also discuss the requirements and strategies used to both demonstrate and disprove irreparable harm.

In a two-hour live webcast, the speakers will discuss:

  • Irreparable harm and Lanham Act law- An Overview
  • The eBay v. MercExchange decision
  • Adoption (or not) of eBay in Lanham Act cases by the various circuit courts
  • What constitutes irreparable harm in trademark cases
  • Types of evidence used to demonstrate irreparable harm
  • Strategies for challenging the assertion of irreparable harm
  • Proving irreparable harm in false advertising cases


Want to talk advertising? We welcome your questions, ideas, and thoughts on our posts. Email or call us at /212-969-3240 or /212-969-3671. We are editors of Proskauer on Advertising Law and partners in Proskauer’s False Advertising & Trademark practice.