Nike is seeking the injunction. It is their burden to show those things -- i.e., Nike has to show how it is going to be irreparably harmed if the injunction doesn't issue and has to show that the equities favor an injunction and that an injunction is in the public interest.
Doc Brown wrote:
Also the guys claiming Boris's lawyer should have argued more about public interest and harm and whatnot, how exactly is Boris irreparably harmed by not being able to wear new balance gear? Nike isn't restraining him from racing
Frankly, I'm a little surprised this TRO issued on the facts that I've seen, but (1) I don't know all of the facts and (2) some judges give out TROs too easily and figure they'll sort it all out at the PI stage.