Skip to content

Salinger v. Colting Preliminary Injunction Reversed

The Second Circuit has vacated Judge Batts’s preliminary injunction in Salinger v. Colting, the “Coming Through the Rye” case. I have not read the opinion, but this snippet from the introduction seems significant:

We hold that the Supreme Court’s decision in eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), which articulated a four-factor test as to when an injunction may issue, applies with equal force to preliminary injunctions issued on the basis of alleged copyright infringement. Therefore, although we conclude that the District Court properly determined that Salinger has a likelihood of success on the merits, we vacate the District Court’s order and remand the case to the District Court to apply the eBay standard.

More later.