The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020: Have All Issues Been Resolved?

The Trademark Modernization Act of 2020 established a rebuttable presumption of irreparable harm for trademark owners seeking injunctive relief in cases of infringement and unfair competition. However, courts have struggled with how to apply this presumption consistently. The level of success required to trigger the presumption is unclear, and it is uncertain whether the burden of proof or production shifts. The article explores the application and implications of the presumption, including the weight given to it by courts and the evidence defendants can use to rebut it. It also discusses factors that affect the analysis of irreparable harm in trademark infringement cases, such as default or counterfeiting by the defendant, and provides recommendations for trademark owners to improve their chances of securing injunctive relief. [Extracted from the article]