Intellectual Property
May 20, 2026
The presumption that changed trademark law
See more on The presumption that changed trademark lawThe Trademark Modernization Act strengthened trademark injunctions by creating a rebuttable presumption of irreparable harm, but courts are still split on how strongly that presumption should tip the scales.
Bobby Ghajar
Partner
Cooley LLP
Email: bghajar@cooley.com
Bobby is a partner in the firm's Trademark, Copyright, and False Advertising Practice Group. He has handled dozens of high-stakes litigation and appellate matters for some of the top brand owners in the world. For several years, World Trademark Review has listed him as one of only a few lawyers in California with a "Gold" ranking for trademark enforcement and litigation; the Daily Journal has recognized him as one of the top IP litigators in California; and he is ranked by Legal 500 as a leading trademark litigator.
Dec. 18, 2026, will mark five years that the Trademark Modernization Act (TMA) has been in effect. This legislation addressed trademark holders' ability to move efficiently through adversarial proceedings at the U.S. Patent & Trademark Office and in federal courts. The TMA also affected one of the factors that courts take into account when analyzing a motion for preliminary injunction in trademark infringement cases. This article provides a brief history of the TMA, d...
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