The Eleventh Circuit today vacated a preliminary injunction because it deemed a presumption of irreparable injury arguably insufficient to establish the irreparable injury element. The court found the reasoning in a patent case, eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), "applicable" to trademark claims but declined to rule on whether a presumption of irreparable injury "is the equivalent of the categorical rules rejected by the Court in eBay." N. Am. Medical Corp. v. Axiom Worldwide, Inc., No. 07-11574, slip op. at 32 (11th Cir. Apr. 7, 2008).
The eBay Court held that courts may not routinely grant injunctive relief in patent cases and must instead evaluate the appropriateness of an injunction according to traditional (and tougher) requirements.
