When someone is infringing on your intellectual property, you want it to stop right away. Whether it is a copied logo or a competitor selling products that infringe on your patent, continued infringement can hurt your business.
You might be asking yourself: Can I get injunctions to stop IP infringement quickly?
Under the right circumstances, the answer is yes. Courts can issue injunctions to stop intellectual property infringement on an accelerated timeline. Here is what courts look at so you can set realistic expectations.
What Is an Injunction in an IP Case?
An injunction is a court order. This requires someone to stop doing a specific act. In intellectual property cases, injunctions are used to halt infringement while the underlying dispute is resolved. So, instead of waiting months or years for a case to conclude, an injunction can provide you with immediate relief.
Injunctions are essential in IP cases because monetary damages may not fully address the harm. Once a brand is diluted or proprietary information is shared, the damage can be irreversible.
What Types of Injunctions Are Available?
There are several types of court orders. A temporary restraining order (TRO) is the fastest form of relief. TROs may be issued within days. This happens if the court believes immediate action is necessary to prevent irreparable harm. These orders are short-term. They are in place until a more formal hearing can take place.
A preliminary injunction follows a TRO. Many times, you can request it on its own. It remains in effect while the case moves forward. Sometimes, it can last months or longer. In these situations, the court will hold hearings before issuing preliminary injunctions. With that, both sides have a chance to present arguments.
A permanent injunction may be issued at the conclusion of a case. This occurs when the court determines that ongoing restrictions are necessary.
How Quickly Can an Injunction Be Issued?
In situations with clear infringement and urgent harm, courts will act right away. Sometimes, a TRO request may be reviewed and granted within days.
However, courts do not grant injunctions automatically. Judges are cautious because injunctions can affect a business’s operations.
Factors in an Injunction Request
For you to obtain an injunction, the courts will look at a few factors, such as:
- Whether infringement is likely occurring
- Whether the harm is irreparable and cannot be fixed with compensation
- Whether the balance of hardships favors the party requesting the injunction
- Whether granting the injunction serves the public interest
These factors can apply across many types of IP cases, including trademark, copyright, and patent disputes. Injunctions are granted in a few scenarios, such as:
- When counterfeit goods enter the market
- Trade secrets are misused
- Copyrighted material is distributed without authorization.
What Are the Limitations?
Injunctions are not guaranteed. Courts may deny emergency requests. This can happen if the evidence is unclear or the requested order is too broad.
In some cases, courts may require the requesting party to post a bond. This protects the other side if the injunction is found to have been improperly granted.
What to Expect After an Injunction Is Granted
If an injunction is issued, the opposing party must comply immediately. This is a court order, and a violation can result in fines or contempt of court. While the injunction is in place, the underlying IP dispute continues to move toward a resolution.
An injunction doesn’t end the case. However, it can protect your rights and prevent further harm while the legal process unfolds.
Get the Legal Protections in Place for Your IP Assets
So, can you get an injunction to stop IP infringement quickly? In many cases, yes. However, your success depends on timing and evidence.
If your intellectual property is being infringed, Phillips & Bathke, P.C is ready to assist with your case. We know that you have worked hard, and you deserve to have your assets protected. Schedule a consultation today.
