Effect of eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) on ability to obtain preliminary injunction in case of copyright infringement
E.g., Salinger v. Colting (2d Cir. 2010) (Docket No. 09-2878-cv, 4/30/10)
eBay applies to preliminary injunctions in cases involving copyright infringement, so no presumptions of irreparable harm in case of copyright infringement
Jacobsen v. Katzer, 609 F. Supp. 2d 925 (N.D. Cal. 2009)
Insufficient evidence in the record to support a preliminary injunction -- no showing that Jacobsen suffered any actual harm or any continuing conduct that indicates future harm is imminent -- motion for preliminary injunction denied.
Will the difference between copyright infringement and breach of contract make a difference in obtaining a preliminary injunction?
Marc Temin, Foley Hoag LLP ABA Litigation Section, Copyright Litigation Subcommittee, May 6, 2010