To embed, copy and paste the code into your website or blog: The Trademark Modernization Act (TMA) is an amendment to the Lanham Act concerning trademark disputes, signed on Dec. 27, 2020. The TMA includes a number of changes and enhancements to trademark disputes. The changes concerning actions at the USPTO are tremendous and the subject of another article. These few paragraphs concern the major change to the law as it affects litigation of trademark claims in Federal Court with the resolution of a Federal Circuit split. The TMA creates new law, such that a trademark owner is now entitled to a rebuttable presumption of irreparable harm upon a showing of trademark infringement. This gives trademark owners substantially more power and certainty when enforcing trademarks and will limit forum shopping. Before launching into the details of the TMA, it is important to explain the history and the state of the law before the TMA was passed.