Wednesday, June 16, 2010

Difficulty Calculating Damages and Harm to Brand Goodwill Create Irreparable Harm Warranting Preliminary Injunction

In granting plaintiffs' emergency application for a preliminary injunction, the court found irreparable harm. "Though many of the damages alleged will 'boil down to money,' the calculation of these damages will be very difficult. Also, the loss of goodwill associated with the brand is the type of injury that is the definition of 'irreparable.' Though not controlling in this case, the Lanham Act specifically defines the loss of goodwill as an irreparable harm in the injunction context."

Albany Molecular Research, Inc. v. Dr. Reddy's Laboratories, Ltd. et al., 2-09-cv-04638 (NJD June 14, 2010, Memorandum Opinion) (Brown, J.)

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