Steps to Prevent Infringement on Your Business Rights

Steps to Prevent Infringement on Your Business Rights“Violating their contractual obligations! Engaging in unjust competition! Utilizing my confidential documents without permission!” These pleas for assistance are common among business owners. Running a business exposes you to a variety of challenges, some of which may require legal intervention.

Many conflicts and legal actions involve damages that have already occurred. Yet, sometimes, you may find that another party is currently infringing upon your rights or those of your business, as outlined in a contract or law. Waiting for the legal process to conclude before obtaining a remedy is not always viable. So, what steps can you take?

Immediate action is imperative. Here are several potential courses of action, along with the prerequisites for obtaining them:

Temporary Restraining Order

A temporary restraining order (TRO) can be pursued to halt the opposing party from causing further harm while you prepare to seek more substantial measures in court. Often, you can obtain these orders without court involvement or notifying the opposing party. However, it’s crucial to pursue a more comprehensive solution promptly, as these orders have a 10-day duration.

Temporary or Permanent Injunctions

Injunctions offer longer-lasting remedies compared to TROs. They can mandate specific actions, such as ensuring the fulfillment of agreed-upon deliveries, or prohibit certain actions, like discontinuing the use of a name identical to yours in trading. The duration of injunctions can vary.

Temporary injunctions have a slightly longer duration than TROs, but obtaining them requires a court appearance and typically necessitates notifying the opposing party in advance. Courts won’t automatically grant these injunctions, even if you already possess a TRO. Your request will be evaluated based on factors such as necessity, benefits to you, potential harm to the opposing party, and its impact on trade-related matters.

In contrast, obtaining permanent injunctions involves meeting more stringent criteria, but they can permanently halt the opposing party’s infringement upon your rights. The following four criteria must be satisfied:

  • You have suffered irreparable harm.
  • Monetary compensation is insufficient to remedy the harm.
  • The balance of hardships favors you.
  • An injunction serves the public interest.

By taking these steps, you can protect your business from ongoing infringement and ensure that your rights are upheld.

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