Holiday Gifts for IP Owners: Several Significant IP Bills Passed Last Minute by Congress

Late Monday evening, Congress passed a massive omnibus budget bill to avert a federal government shutdown and provide critical COVID-19 relief.  But that is not all – much to the surprise of the intellectual property world, the last-minute bill included several pieces of legislation, previously thought to be sidetracked in light of the current lame duck administration, that will alter the landscape of trademark, copyright and patent law as we know it.  While some are more controversial than others, here are the key changes brand owners and practitioners will face in 2021.

The courts required plaintiffs to present evidence of actual irreparable harm – a required showing that not only is oxymoronic, but also extremely difficult to establish at the preliminary injunction stage when the idea is to stop the violation before it causes harm.  The Trademark Modernization Act remedies this problem, once again opening the door to preliminary relief for brand owners.

Source: IPWatchdog, Inc.

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