Your trademark represents what your company offers to consumers, and as such, is tied to their perception of your products and services. The legal team at the Aldrich Law Firm understands that if someone else has developed a similar trademark, or even copied yours, and has used that to confuse customers or destroy your reputation, you have certain legal rights. However, filing a lawsuit is not an overnight fix, and the damage to your company may continue.
According to Rutgers Journal of Law & Public Policy, you do not necessarily have to wait for the final judgment to make the infringer stop using your trademark. The court may issue a preliminary injunction that serves this purpose while you make your way through the legal process.
You must be able to show that, if the injunction is not granted, your company will suffer permanent damages, and it is also not in the public’s best interests to allow the infringement to continue. The court must also believe that the merits of your case make it likely to succeed and that it appears you have the advantage when your interests are weighed against those of the other party.
Being able to provide proof that your business is likely to suffer irreparable harm and that the public is also at risk can be difficult. The court system has been inconsistent in the way that the rule has been applied over time. However, previous cases have prompted some guidelines and clarification that may be relevant. More information about business disputes is available on our web page.