Depending on the circumstances you may be able to seek a temporary restraining order, preliminary injunction, or ex parte seizure of infringing goods. Typically these types of actions require the posting of a bond, and a showing of four required factors: 1) irreparable harm; 2) likelihood of success on the merits; 3) that the balance of the interests favors the sought relief; and, 4) that the relief is not contrary to public policy. A preliminary injunction can result in a substantial prompt victory for the Plaintiff and may resolve a case very early on, but it also front loads much of the litigation expense and therefore is not appropriate for cases where the expense is not justified. Although hearsay is generally admissible at a preliminary injunction hearing, it generally is not advisable to seek a PI unless there is substantial credible evidence to support the four required factors.
Call attorney Peter A. Koziol, Esq. at 561-235-0725 to see if you qualify for injunctive relief. |