Preliminary Injunctive Relief

If your trademark rights are being infringed then you may need to act quickly to avoid possible harm to your brand, business, and/or reputation. Infringement can have lasting negative consequences for your trademark and putting an end to infringement as quick as possible should be a main goal. Preliminary injunctions are a way to provide some measure of relief for infringement prior to and during a trial. While such injunctions are of course dependent on the end result of the trial, they often serve to predict the outcome or put it to rest early. A preliminary injunction may be granted if irreparable harm may occur before the trial, there is a chance of success for the plaintiff, the harm to the plaintiff outweighs the harm to the defendant, and if the process has been done quickly to stop infringement. Irreparable harm means harm which cannot be compensated monetarily, such as harm to a reputation or the quality that is associated with the trademark. Speed is important here, as it always is in trademark law. The sooner one asserts their rights to prevent harm from infringement the more likely they are to prevail.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.