Three Ways to Beef Up Remedies In Trademark Cases


Robert Zelnick as a panelist at the American Bar Association’s Intellectual Property Law Conference, supported restoring presumption as a Lanham Act remedy in IP cases, saying that “a preliminary injunction is a very powerful threat. It is always subject to the principals of equity, but I think we should keep the presumption of irreparable harm because we have such a difficult time proving money damages for reputational injury.” Mr. Zelnick also stressed that any Lanham Act changes should avoid such particularly strong definitions as trademark bullying. “That’s opening a huge door that most of us would not want to open,” he noted.