North American Medical Corp. v. Axiom Worldwide, Inc.

522 F.3d 1211 (2008)

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North American Medical Corp. v. Axiom Worldwide, Inc.

United States Court of Appeals for the Eleventh Circuit
522 F.3d 1211 (2008)

Facts

North American Medical Corp. (North American) (plaintiff) was a medical-device manufacturer. Axiom Worldwide, Inc. (defendant) manufactured competing devices. Axiom placed some of North American’s trademarked terms on its website, embedded within metatags, so that when a customer conducted an internet search using North American’s registered trademarks, the search results would include Axiom’s site. North American sued Axiom for trademark infringement and false advertising. The district court issued a preliminary injunction prohibiting Axiom from using National American’s trademarks within metatags, finding that North American had established a likelihood that it would succeed on the merits and allowing a presumption that North American would suffer irreparable harm absent a preliminary injunction. Axiom appealed, alleging that even with a showing that National American was likely to succeed on the merits, the presumption that National American would inevitably suffer irreparable was in error.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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