What measures can I take to prevent someone from infringing upon my business’s rights?
They are violating their contractual obligations! He is engaging in unjust competition against me! She is utilizing my confidential documents without permission! How can I put an end to their actions?
These pleas for assistance are a daily occurrence among business proprietors. The operation of a business exposes you to a variety of challenges from various sources, some of which may necessitate legal intervention.
Numerous conflicts and legal actions involve damages that have already transpired. Yet, on occasion, you may discover that another party is presently infringing upon your rights or those of your business, as outlined in a contract or law. Waiting for months or even years for the legal process to conclude before obtaining any remedy is not a viable option. 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:
This 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 temporary restraining orders. They can mandate specific actions, such as ensuring the fulfillment of agreed-upon deliveries, or they can 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 temporary restraining orders, 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 temporary restraining order. 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.
Conventional legal remedies are insufficient to address the incurred damage.
The injunction’s issuance won’t substantially prejudice the opposing party.
The injunction’s issuance won’t be contrary to the public interest.
This is another common remedy. A court can mandate one party to compensate the other with a predetermined sum of money to redress the inflicted harm. Alternatively, the parties can settle on an amount outside of court.
As evident, several options are available for consideration if you believe that someone is violating your business rights. It is advisable to consult an attorney to determine the applicable solutions for your specific situation. Our firm assists businesses in pursuing injunctions, orders, damages, and other forms of relief. Feel free to reach out to us for a consultation.