In TRADEMARKS, INJUNCTIONS, AND eBAY v. MERCEXCHANGE: FROM AN EXPERT’S PERSPECTIVE media expert witness Michael A. Einhorn, Ph.D. writes:
This article is based on an expert analysis that I recently performed in a matter that concerned the unauthorized taking of a trademarked logo by a major media company. The facts of the case were as follows. Plaintiff in the year 2006 began providing conference services under a trademarked logo. Defendant appropriated use of the logo as a slogan for marketing of its similar offering in the year 2010. Plaintiff sought a Preliminary Injunction to stop immediately all infringing uses of the logo, so implicating the possibility of irreparable harm in the defendant’s use.