IP Quick Tip: Preliminary Injunction Proceedings In Trademark Litigation (Podcast)

Show notes

For a deeper dive into this topic, please read our IP Brochure on trademark protection in Europe:  https://www.bardehle.com/en/ip-news-knowledge/publication/detail/trademark-protection-in-europe

Obtaining an ex-parte court decision has proven to be a very sharp sword in combating infringement.

But a couple of points need to be observed: The case must be clear-cut with prima facie evidence presented by way of an affidavit.

As a rule, a warning letter must be sent to the adverse party before taking action.

And the request for a preliminary injunction must be filed within one month of becoming aware of the infringement.

If these requirements are met, a court will decide within one to two days – or even less in very urgent cases – quicker than in any other jurisdiction. Once served, the court order is immediately effective, thereby stopping sales bearing the infringing mark.