"Copyright Injunctions After eBay," Los Angeles Daily Journal

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.

"Copyright Injunctions After eBay," Los Angeles Daily Journal

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 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.

News and Insights

Event

Associate Steven Arango to Speak at the Veterans' Legal Career Fair

On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.

September 18, 2026

Event

Partner David Greenwald to Speak at PLI Program on Privilege and AI

On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).

August 17, 2026

Publications

In Law360, Trump Debarment Threat Calls for Targeted Defense Plan

Partners Ashley Callen and David Robbins authored an article for Law360 examining how entities should respond when suspension or debarment is threatened directly by the president, rather than initiated through the usual agency-driven process.

August 6, 2026

Publications

"DC Circuit Undercuts Congress's Subpoena Power: Important New Authority for Targets of Congressional Investigations," National Law Journal

In the National Law Journal, Congressional Investigations Co-Chair Emily Loeb, Special Counsel David Manners-Weber, and Associate Kate Mather examine a recent DC Circuit decision that gives fresh weight to 2020 Supreme Court dicta on common-law privileges in congressional investigations.

July 30, 2026