If millions of people are using a company’s software, the company is happy—as long as it’s getting paid. But if the company loses control of the product, it must take steps to defend its rights. And the first step in that playbook is often to go to court and seek to restrain unlawful use of the intellectual property. In his Intellectual Property column, Steve discusses a recent New York Supreme Court case regarding exactly that situation. It is worth examining because it conducts the familiar preliminary injunction analysis in a somewhat unfamiliar way.
This article first appeared in the New York Law Journal on January 17, 2020. Jack Millson, an associate at the firm, provided substantial assistance with the preparation of this article.