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William & Mary Law School

Injunctions

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Full-Text Articles in Legal Remedies

Withholding Injunctions In Copyright Cases: Impacts Of Ebay, Pamela Samuelson Feb 2022

Withholding Injunctions In Copyright Cases: Impacts Of Ebay, Pamela Samuelson

William & Mary Law Review

Before the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, L.L.C., which ruled that courts should exercise equitable discretion when considering whether to issue permanent injunctions in patent infringement cases, courts routinely granted injunctions in copyright cases when plaintiffs proved that defendants had infringed or had likely infringed copyrights. Such findings triggered presumptions of irreparable harm, which were almost never rebutted. Only rarely would courts consider a balancing of hardships or effects of injunctions on public interests.

In the first several years after eBay, commentators reported that eBay had had little impact on the availability of injunctive …


The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman Apr 1981

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.


Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman Jan 1980

Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.


Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman Jan 1976

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Faculty Publications

No abstract provided.