All tied up – Court splits over trade dress, trademark claims

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Abstract: In 2013, the Ninth Circuit Court of Appeals ruled that a trademark holder seeking a preliminary injunction after filing suit against an alleged infringer must establish the likelihood of irreparable harm, rather than relying on a presumption of harm. Not until this year, though, has the court elaborated on the kind of proof required. This article reviews the court’s recent ruling and sheds light on what does — and doesn’t — demonstrate irreparable harm. adidas America, Inc. v. Skechers USA, Inc., No. 16-35204, May 10, 2018, 9th Cir.