The most recent article of the three analyzes major controversies that arise when intellectual property owners seek injunctive relief against alleged infringements. It focuses on the last 15 years and on how courts have applied the factors or elements for injunctive relief specified by the Supreme Court in eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006). Surprisingly broad orders are routinely issued in cases involving websites or devices that commit or facilitate copyright or trademark infringement, but many patent holders have been denied injunctive relief despite similar facts involving loss of control over their assets and impaired negotiating leverage over licensees. The article identifies disparities and recurring problems that arise in applying the eBay elements or factors to online infringement of intellectual property rights.
Thomson Reuters judged Prof. Travis’ article on equitable relief in intellectual property and cyberlaw cases to be one of the best articles relating to intellectual property that was published in a U.S. law review in 2019. The article, Enjoining the Cloud: Equity, Irreparability, and Remedies, 64 Villanova Law Review 393 (2019), will be published in the Intellectual Property Law Review in its 2020 volume. This follows two of Prof. Travis’ other articles, The Principles of the Law of Software Contracts: At Odds with Copyright, Consumers, and European Law? and The Future According to Google: Technology Policy from the Standpoint of America’s Fastest-Growing Technology Company, being selected for publication in the Intellectual Property Law Review, which is edited by Karen Tripp on behalf of Thomson Reuters.