Temporary Injunction

A temporary injunction, also known as a preliminary injunction, is an injunction ordered by a court of law in the early phases of a trademark infringement case to stop use of the allegedly infringing mark until the court has time to hear the full case.

Proving in a court of law that a mark is a counterfeit mark and is infringing on a registered trademark can take many months. During that timeframe, use of an allegedly infringing mark may continue to damage the owner of a registered mark by causing lost sales or goodwill. Therefore, the court may issue a temporary injunction to provide temporary relief from damages while giving the plaintiff the opportunity to prove their case.

Once the court has heard a trademark infringement case fully, the court may make the temporary injunction permanent or drop the injunction altogether.