Standards for implementing permanent injunctions

If a plaintiff wins partial summary judgment with proof that the defendant falsely advertised a product, is the plaintiff automatically entitled to a permanent injunction?  On August 20, 2010, United States District Court Judge Sue J. Robinson answered no. 

The standards for deciding whether to implement a permanent injunction were set forth in eBay v. MercExchange LLC, 547 U.S. 388 (2006).  While the plaintiff argued that literal falsity warranted a permanent injunction, the Court agreed with the defendant that the eBay factors applied:  irreparable injury, absence of a monetary remedy, the balance of hardships, and the public interest all had to be taken into account, notwithstanding that likelihood of success had been conclusively and finally proved. 

 

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