If your business is facing harm due to the conduct of another business or person, immediate relief is necessary. Whether a competitor is violating your trademark or patent rights, breached a contract, sharing trade secrets, or is attempting to put you out of business, an injunction is the remedy for such scenarios. An injunction is a request to the court for relief to compel a person or business to do something or stop doing something so that you may protect your business.
The purpose of a preliminary injunction is to get immediate relief while litigation for final judgment is pending. Sometimes a TRO (Temporary Restraining Order) may be granted ex parte in the event of an emergency while the preliminary injunction hearing date is pending. Because preliminary injunctions are so powerful, the court will consider several factors. An injunction will be granted if:
- It is substantially likely that the party seeking the injunction would prevail on the merits of the case
- The party seeking the injunction will likely suffer irreparable harm without the preliminary injunction
- The balancing of harm tips in favor of the injunction seeking party
- The interests of the public are served in granting an injunction
If the case is decided in favor of the party alleging harm, a permanent injunction may be granted. This is permanent relief from the harm being imposed. The judge will determine how long the permanent injunction should be in place and under what conditions.
If your business is being threatened, it is important to act quickly. Contact an attorney who is experienced in handling business matters. Call Bellavia, Blatt & Crossett, P.C. at (516) 873-3000 or (631) 224-7000.