When Should My Business Seek Injunctive Relief?

If your business is facing potentially severe damages as a result of intellectual property infringement, breach of contract, or other damaging actions by a third party, injunctive relief may be your solution. These injunctions can prevent a party from continuing their actions or ensure that they act in compliance with the order of the court in order to prevent any more damage to your business.

Temporary Restraining Orders

Temporary Restraining Orders, or TROs, are most often used to prevent any future damage while your case is being deliberated. These orders are implemented quickly, generally before trial. As the name suggests, these orders are temporary, and so the trial will have to run its course before any further injunction can be given. In order to grant a TRO, a court will want clear evidence that demonstrates there is a significant threat of imminent damage from the other party. A TRO will expire when a hearing is held, at which point the court will determine whether or not a preliminary injunction is appropriate.

Preliminary Injunction

A preliminary injunction holds significantly more weight than a TRO. After the hearing, a judge will weigh the evidence presented to determine whether or not issuing a further injunction is appropriate. They will take into consideration the validity of your case, whether or not your business will suffer significant harm if the injunction is not granted, if the harm brought to your business outweighs the harm that would be brought to the other party, and if an injunction serves the public interest. Clearly demonstrating these elements is crucial to your business’ success in receiving an injunction, and so it’s essential that you demonstrate clearly the damages that your business would sustain if an injunction is not implemented.

Permanent Injunction

The requirements for demonstrating harm are the same as a preliminary injunction, but the plaintiff must also demonstrate that monetary damages alone would not be sufficient to remedy the situation. As such, permanent injunctions are generally more difficult to obtain. Most businesses will utilize a TRO and/or preliminary injunction in order to prevent further damage during the trial, and receive payment for any damages sustained. 

If your business wants to avoid being harmed by another party, and you’d like to seek injunctive relief, contact Integrated General Counsel today.

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