Motion for Preliminary Injunction
Motion for Preliminary Injunction
A Motion for Preliminary Injunction is a legal request filed by a plaintiff in a trademark infringement lawsuit asking the court to order the defendant to stop using the infringing mark pending the final resolution of the case. The motion must show that the plaintiff is likely to succeed on the merits, that the plaintiff will suffer irreparable harm without the injunction, that the balance of hardships favors the plaintiff, and that the public interest supports the injunction. The court may hold a hearing to consider evidence and arguments from both sides before deciding whether to grant or deny the motion. If granted, the preliminary injunction can provide immediate relief to the plaintiff and prevent further harm to the mark. If denied, the case proceeds to trial without the injunction. Motions for preliminary injunction can be a powerful tool to protect trademark rights and deter infringement, but they are often difficult to obtain and may require posting a bond or security.