Likelihood of Success

Ron Coleman, and friends

Blog title

This is not a “legal blog” nor an advertisement for legal services, although I am a lawyer. Nonetheless, the title of the blog, “Likelihood of success,” short for “likelihood of success on the merits,” is a term used by courts to describe one of the factors considered when evaluating whether to grant a preliminary injunction: In order to merit the “unusual” remedy of preliminary relief, the party that wants the injunction has to be able to convince the court, on a preliminary basis — meaning before the record is fully developed — that one of the reasons it is entitled to immediate relief is that it will probably win the case anyway.

Considering the nature of blogging, this seems a very apt little phrase for a title, especially if you are a lawyer and you already have a blog about trademark law using the similar-sounding, though conceptually unrelated, phrase Likelihood of Confusion. And I am, and I do. That blog is an advertisement for legal services. This is not.

One Response to “Blog title”

  1. LIKELIHOOD OF CONFUSION® » Blog Archive » Where there’s smokes Says:

    [...] the harm that would result in not granting a preliminary injunction against a defendant, where likelihood of success has already been demonstrated by the plaintiff, against the harm that would be imposed on the [...]

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