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Injunctive relief is granted by the court of equity to compel a person or entity to take specific actions to avoid irreparable harm. It is used in intellectual property disputes to stop another party from infringing on copyrights, trademarks, or patents. The theft of your creative work, invention, or a phrase or logo that defines your business, can certainly cause irreparable harm.
The term ‘irreparable harm’ means even an award of money for an illegal deed is not enough to compensate the person who is wronged. If you write a book or design a logo that someone copies and profits from, no sum of money will prevent further damage if the perpetrator can continue to promote your work as their own. That is where one form of equitable relief (the injunction) comes into play. When your unique work has been illegally lifted, a Boca Raton IP injunction lawyer could take action to put a stop to it.
Plaintiffs must prove irreparable harm before the courts will issue an injunction. Judges evaluate certain elements of the situation to determine if an injunction is appropriate, since if the harm is not irreparable, plaintiffs usually begin with a cease-and-desist letter to stop the infringing conduct. The court considers how much harm would occur if an injunction is not issued, looks at other cases where irreparable harm has been established for a similar offense, and determines how certain, widespread, and “actual” the injury is. The courts can issue temporary restraining orders, preliminary injunctions, and permanent injunctions.
Temporary restraining orders (TROs) are used in an emergency to stop a viral infringer immediately before a temporary injunction hearing is set. This circumvents the time frame for notice to hold a hearing if the damage the plaintiff would suffer is irreparable before then. Plaintiffs must show that (1)this irreparable harm is likely to support the claim, (2) the loss to the plaintiff is greater than what the TRO would cause the alleged offender, and (3) the TRO is in the public interest. A Boca Raton IP injunction attorney is available to discuss what an IP-holder should do in responding to a certain violation.
A preliminary injunction is issued while a case is ongoing and unresolved, preserving the plaintiff’s IP rights while they demonstrate why the injunction should be made permanent. Plaintiffs must show the court that they would suffer greatly without the injunction and are likely to prevail after considering the evidence.
Proving the need for an injunction is best left to an intellectual property litigation attorney who understands the ins and outs of the federal laws governing IP infringement. A Boca Raton attorney could answer questions about the IP injunction process, gather evidence, craft legal arguments that meet the court’s criteria for issuing an injunction, and speak on a client’s behalf in court hearings.
When the court determines the outcome of a lawsuit, it will issue a permanent injunction as a long-term remedy for IP infringement if the plaintiff proves their claim for relief from irreparable harm is valid. When monetary damages are inadequate, permanent injunctions are issued as final judgments. The court considers what is fair to both parties after assessing the damage to them and how the decision could affect the public interest.
IP infringement involves copyright, trademark, and patent theft, and is often so egregious that you need to stop the infringer immediately. You need to file for injunctive relief, but how do you maneuver through the equity court system?
The Lomnitzer Law Firm understands the intricate rules and criteria built into intellectual property and how to hold infringers liable. Not all IP infringement cases qualify for injunctive relief; they must cause immediate irreparable harm to qualify, and our attorneys know how to identify this. To discuss whether your situation qualifies for an action for relief, contact our Boca Raton IP injunction lawyers now.
