The Court of Appeals for the Third Circuit recently considered whether plaintiffs bringing a Lanham Act false advertising claim and seeking a preliminary injunction are entitled to a presumption of irreparable harm upon showing a likelihood of success on the merits. It joined the growing chorus of courts holding that no such presumption exists in view of the Supreme Court’s eBay decision. Ferring Pharm., Inc. v. Watson Pharm., Inc., 765 F.3d 205 (3d Cir. 2014).
