Arent Fox’s fashion law blog, led by Anthony Lupo a partner of Arent Fox’s fashion law practice, focuses on key issues for designers, retailers, and manufacturers in the fashion industry. In the recent post, Anthony Lupo, Karen Ellis Carr, and Katie R. Heilman discuss the many difficulties ahead for trademark infringement injunctions against former franchisees and licensees.

Breaking (Up) Bad: Watch-outs for Brand Owners Faced with Ex-Licensee’s Trademark Use

A series of recent decisions have heightened the standard for obtaining preliminary injunctive relief for trademark infringement. This trend presents unique challenges for brand owners seeking to enjoin unauthorized “holdover” use of a trademark by former franchisees or licensees. This situation commonly arises when a franchisee or licensee continues using a franchisor or licensor’s trademarks following termination of a franchise or license agreement.

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