Preliminary Injunction Form For Trademark Infringement In Pennsylvania
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FAQ
A preliminary injunction shall automatically expire 90 days after its entry unless the court makes the findings required under section 6604 (relating to prospective relief) for the entry of prospective relief and makes the order final before the expiration of the 90-day period.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
Using an injunction carries disadvantages as well. For one, courts generally use injunctions only to prevent a party from doing something. Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something.
(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.
An injunction is a court order that prohibits a party from taking certain actions such as continuing sales of an infringing product. Injunctions can completely bar the use of the trademark by a party or they can have more specific terms.
State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.
Taking a medical malpractice lawsuit as an example, if a patient believes that their doctor has provided negligent medical care that has caused them harm, the patient may seek a preliminary injunction to prevent the doctor from continuing to provide care.
