Thursday, February 11, 2021
On December 27, 2020, the Trademark Modernization Act (TMA) became law as part of the Consolidated Appropriations Act spending bill.
1 Despite its name, the TMA impacts not only trademark law, but also false advertising law. The TMA amends the Lanham Act the federal statute covering both trademarks and false advertising in very significant ways.
Among other things, the TMA provides a nationwide presumption of irreparable harm in favor of plaintiffs seeking injunctive relief in trademark and false advertising claims under the Lanham Act.
2 That presumption applies when: (1) a plaintiff seeking a preliminary injunction or temporary restraining order demonstrates a likelihood of success in proving its trademark or false advertising claim; or (2) a plaintiff seeking a permanent injunction proves its trademark or false advertising claim. The presumption is rebuttable by the defendant, although “proving a negative,” such as the lack of irre