"Copyright Injunctions After eBay," Los Angeles Daily Journal
Publications
September 8, 2011
Partners Steven B. Fabrizio and Andrew J. Thomas authored “Copyright injunctions after eBay” as the September article for the Creative Content group's monthly column “Content Matters,” which appears in the Los Angeles Daily Journal and the San Francisco Daily Journal. In this month's article, the authors discuss how the U.S. Supreme Court’s 2006 decision in eBay Inc. v. MercExchange has changed what used to pass for conventional wisdom in the fields of copyright and trademark law. At one time in copyright and trademark cases, irreparable harm would be presumed and an injunction would issue upon proof of the defendant’s infringing conduct. Since then, several U.S. Circuit courts have now held that a showing of a likelihood of success on the merits in a copyright action does not create a presumption of irreparable harm for purposes of preliminary injunction determination and plaintiffs seeking a permanent injunction must now satisfy the traditional four-factor equitable test for injunction relief. Through the examination of several recent cases, the article discusses how copyright injunctions have changed in the wake of the eBay decision.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
September 8, 2011
Partners Steven B. Fabrizio and Andrew J. Thomas authored “Copyright injunctions after eBay” as the September article for the Creative Content group's monthly column “Content Matters,” which appears in the Los Angeles Daily Journal and the San Francisco Daily Journal. In this month's article, the authors discuss how the U.S. Supreme Court’s 2006 decision in eBay Inc. v. MercExchange has changed what used to pass for conventional wisdom in the fields of copyright and trademark law. At one time in copyright and trademark cases, irreparable harm would be presumed and an injunction would issue upon proof of the defendant’s infringing conduct. Since then, several U.S. Circuit courts have now held that a showing of a likelihood of success on the merits in a copyright action does not create a presumption of irreparable harm for purposes of preliminary injunction determination and plaintiffs seeking a permanent injunction must now satisfy the traditional four-factor equitable test for injunction relief. Through the examination of several recent cases, the article discusses how copyright injunctions have changed in the wake of the eBay decision.
Related Attorneys
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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