The Use Of Injunctions And Their Effect On Preventing Prohibited Actions

Injunctive relief can be a strong substitute to attempting to receive monetary compensation. Injunctions are often awarded when either monetary damages are insufficient and cannot compensate the applicant fully. There are strategy considerations that must be evaluated when this relief is sought, but preliminary injunctions may hold benefits to individuals that have dealt with unfair business practices by their competitors. In the world of electronic commerce and the Internet, continuing unfair business practices can have a huge impact including trademark infringement, trademark dilution and patent infringement. Therefore an injunction proceeding may be considered as a solution.

The following questions have been addressed in this article:

What are practical considerations that must be examined before filing for a preliminary injunction?
What are the differences between mandatory and prohibitory injunctions and how should this choice be made?
How should a preliminary injunctive order be prepared?


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