This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Preliminary Injunction Form For Trademark Infringement In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.” “I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction.
In the case of a hearing, the applicant will present their arguments to a judge. If the judge is persuaded to make an order, they will grant an interim injunction and list a 'return hearing'. At the return hearing, the court will listen to the arguments of both parties and decide whether to make a 'final injunction'.
Winning the Case: To secure a preliminary injunction, the plaintiff must demonstrate a strong chance of winning the case, significant harm without the injunction, greater fairness compared to the other party, and public benefit.
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 ...
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.
Injunctions may be granted to restrain a wide range of acts: a breach of contract, such as a contract against engaging in a competing business; the commission of a tort (e.g., a nuisance); an injury to property (e.g., the of a wall on the plaintiff's land); wrongful expulsion (e.g., from a club or a trade ...
(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the parties, a remedy in equity is warranted; and (4) that the public interest would not be disserved by ...
The party seeking a preliminary injunction must demonstrate that they will suffer irreparable harm if the injunction is not granted. Irreparable harm means that the harm cannot be adequately compensated by monetary damages or any other remedy except an injunction.
More info
This article defines preliminary injunction, details its elements and the hearing process, and includes a sample motion to download. The new legislation makes it easier for trademark owners to obtain preliminary injunctive relief against an accused infringer.A preliminary injunction requires a party to perform, or refrain from performing, a particular act until the court enters final judgment in the case. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper. As in this case, Plaintiff sought a temporary restraining order ("TRO") and preliminary injunction in the Related Action. Liability to Uses "In the Manner of a Mark", 43 WAKE FOREST L. The Plaintiff has also moved an application for interim. Injunction in the instant suit. Contractual written notice requirements, substantial performance, and practical advice in the wake of a recent Texas Supreme Court decision. §§ 1114, 1125(a), and New York trademark and competition law and asserts a claim of unjust enrichment.