Not So Fast … eBay Analysis Extended To Preliminary Injunctions In Trademark Cases

The U.S. Court of Appeals for the Eleventh Circuit evaluated the trademark significance of using a competitor's trademarks in internet meta-tags, as well as the evolving standard for granting preliminary injunctions in trademark infringement actions in determining that a defendant's use of plaintiff's trademarks as a meta-tag was actionable and likely to cause confusion. Nonetheless, the court vacated the district court's grant of preliminary injunction, finding that under the Supreme Court decision in eBay, it was error to presume irreparable harm based only on the plaintiff's demonstration of a likelihood of confusion. North American Medical Corp. v. Axiom Worldwide, Inc. , Case No. 07-11574, (11th Cir., April 7, 2008) (Anderson, J.).