Pre-trial Trademark Injunctions: Hard To Get But Worth The Squeeze?

Key takeaways

• Trademark owners often seek pre-trial injunctions to halt infringement during litigation, which are highly valuable but challenging to obtain.
• The evidentiary bar, which is already high, may be raised further if the plaintiff's trademark has not been registered.
• Understanding the requirements and preparing adequate evidence can significantly enhance the chances of obtaining a pre-trial injunction.

In almost every trademark dispute, the most important goal for the brand owner is to halt the infringement. While permanent injunctions are a common remedy accompanying a final decision, lawsuits often take years.

A shorter-term solution is to obtain an injunction pending the resolution of the case. These interim¹ or interlocutory² injunctions are highly desirable for trademark owners, but notoriously difficult to obtain. In this Update, we explore the keys to obtaining this special remedy so that trademark owners can best position themselves