Phyllis Schlafly Revocable Trust v. Cori, No. 17-2115 (8th Cir. 2019)
Annotate this CaseThis consolidated appeal stemmed from the trusts' motion for a temporary restraining order and preliminary injunction enjoining the use of Phyllis Schafly's intellectual property. The Eighth Circuit affirmed the denial of preliminary injunctive relief under 28 U.S.C. 1292(a)(1) and held that the trusts would not be entitled to the traditional presumption of irreparable harm in trademark cases because they did not promptly seek preliminary injunctive relief concerning the trademark infringement, regardless of whether the presumption survived recent Supreme Court decisions emphasizing the movant's burden to show that irreparable injury was likely in the absence of an injunction. The court dismissed the appeal of the order staying litigation for lack of appellate jurisdiction, because the order was temporary and did not effectively end the litigation.
Court Description: Kelly, Author, with Benton and Melloy, Circuit Judges] Civil case - Injunctions. The district court did not err in denying plaintiffs' motion for preliminary injunctive relief; while it is unclear whether the traditional presumption of irreparable harm in trademark cases has survived recent Supreme Court decisions emphasizing the movant's burden to show that irreparable injury is likely in the absence of an injunction, these plaintiffs would not be entitled to such a presumption because they did not promptly seek injunctive relief concerning the alleged trademark infringement; the court did not have jurisdiction over the appeal of the district court's order staying litigation pending resolution of related proceedings as the stay order was temporary and did not effectively end the litigation.
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