American Board of Psychiatry and Neurology, Inc. v. Johnson-Powell
United States Court of Appeals for the First Circuit
129 F.3d 1 (1997)
Relevant factsFree
Johnson-Powell (defendant), never certified by the Board (plaintiff), had falsely claimed Board certification under oath and used the Board's certification mark on her resume; by the time of the preliminary-injunction hearing, she'd removed the mark from her resume and submitted an affidavit that she'd stopped providing expert testimony, leading the district court to deny an injunction despite finding the Board likely to succeed on the merits.
IssueFree
Whether a trademark plaintiff seeking a preliminary injunction is given a presumption of future irreparable harm by demonstrating a likelihood of success on the merits alone.
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