REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.

SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM. (a) Amendment.—Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended by inserting after the first sentence the following: “A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irreparable harm upon a finding of a violation identified in this subsection in the case of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a violation identified in this subsection in the case of a motion for a preliminary injunction or temporary restraining order.”. (b) [15 U.S.C. 1116 note] Rule of Construction.—The amendment made by subsection (a) shall not be construed to mean that a plaintiff seeking an injunction was not entitled to a presumption of irreparable harm before the date of enactment of this Act.