United States Eleventh Circuit
N. Am. Med. Corp. v. Axiom Worldwide, Inc., 07-11574
In a case where the district court issued a preliminary injunction enjoining the defendants from engaging in certain alleged acts of false advertising and trademark infringement, order is vacated and remanded in part where: 1) district court erred in presuming that plaintiffs would suffer irreparable harm in the absence of a preliminary injunction merely because defendants' advertisements were literally false; and 2) it is unclear whether the district court was correct in holding that the nature of trademark infringement gives rise to a presumption of irreparable injury in light of eBay, Inc. v. MercExchange, L.L.C., 126 S. Ct. 1837 (2006).
Appellate Information
- Decided 04/07/2008
- Published 04/07/2008
Judges
- ANDERSON, Circuit Judge:, Before ANDERSON, BLACK and HILL, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellees:
- L. Joseph Shaheen, Jr., Gardner, Wilkes, Shaheen & Candelora, Tampa, FL, Jonathan R. Granade, George P. Shingler, Casey, Gilson, Leibel, P.C., W. Scott Mayfield, Duane Morris, LLP, Atlanta, GA, for Defendants-Appellants., Stephen M. Dorvee, Andrew Blaine Flake, Jonathan T. Barr, Arnall, Golden & Gregory, LLP, Atlanta, GA, for Plaintiffs-Appellees.