Injunction

An injunction is a court order that requires a party to desist from performing a certain action or behavior. An injunction may be temporary or permanent in nature.

A court typically orders an injunction as the result of a lawsuit claiming infringement of a trademark. The purpose of the injunction in a trademark infringement case is to provide quick relief to the trademark owner from the possible infringement. The injunction would prevent the defending individual or organization from using the product or service until the court has the opportunity to review the lawsuit fully and determine if infringement has taken place.

While the injunction is in place, the defending individual organization cannot profit from the product or service or perform actions that may undermine the value of the trademarked product or service. Once the court has reviewed the infringement case, the court may make the injunction permanent or remove the injunction altogether. If the court determines infringement has taken place, the court may award the plaintiff damages in addition to a permanent injunction.