What is Injunctive relief?
Injunctive relief, also known as an injunction, is a court order that requires an organization or individual to take a specific action. Conversely, an injunction may also prohibit an entity from taking a certain action.
Injunctions can be issued when one party claims another party has infringed upon their rights, Injunctions can be either temporary or permanent.
Injunctive relief is a type of legal relief that can be ordered by a court. It is designed to prevent or stop someone from doing something that is harmful or illegal. Injunctive relief is often used to protect people from being harmed by others.
What Are the Types of Injunctions?
- Mandatory Injunctions: This effect requires a party to take specific action as their form of reparation.
- Prohibitory Injunctions: This requires individuals or companies to cease a certain action.
What Is an Example of Injunctive Relief?
There are many scenarios when injunction relief will most likely be used to settle a legal dispute. Here are some of the most common examples:
- Theft of Clients: If a former employee poaches a company’s clients, the innocent party may try to stop the former client from causing further damage. While the severity of this penalty depends on a few variables, a TRO can put client theft to a necessary stop. Then, the two parties can work out an agreement on how to address the issue.
- Breach of Contract: Injunctive relief is an effective way to stop an offending party from continuing to breach a contract. This can help realign their performance to work under the contract’s parameters.
- Bankruptcy: When a company or person declares bankruptcy, they forfeit their assets to help pay off their debts. During this time, an injunction may be placed on creditors to keep them from collecting debts while this procedure continues.
- Intellectual Property Infringement: When an unauthorized party uses the likeness of licensed intellectual property, the owner of the property can request injunction relief to limit the misuse of their property. Most often, this kind of injunction is permanent.