Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 20 SEPTEMBER 2010

Preliminary Injunctions In Trademark Disputes

CMS Cameron McKenna Nabarro Olswang
Explore more from CMS Cameron McKenna Nabarro Olswang

Litigants in trademark disputes can, as in other types of claim, seek a preliminary injunction ordering another party to refrain from action (here, the activities constituting the alleged trademark infringement) until the case is decided.

PolandIntellectual Property
Daniel Hasik
Daniel Hasik

Litigants in trademark disputes can, as in other types of claim, seek a preliminary injunction ordering another party to refrain from action (here, the activities constituting the alleged trademark infringement) until the case is decided.

Parties should carefully assess the risks as well as the benefits of obtaining a preliminary injunction as they may incur financial liability for the consequences of the injunction if they end up losing the case.

However, one losing party in a recent case was found not liable to pay the other damages for loss caused by a preliminary injunction, as the Supreme Court decided that the winning party had not complied with the terms of the preliminary injunction (banning it from marketing magazines with certain signs).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Contractor As A Threat To Trade Secrets. What The GameDev Industry Can Learn From The Case Of Epic Games Versus A Former Colleague

Leaks in the video game industry are as old as the industry itself. Developers usually try to closely control the flow of information to have control over the publishing plan, but disloyal employees or determined hackers have repeatedly stood in the way. In recent years, there have been leaks with such large productions as Grand Theft Auto 6, Fallout 4 or The Last of Us 2. In the latter case, this forced Sony to change the marketing campaign and accelerate the launch of the game. Sony admitted that it suffered losses as a result.
PolandIntellectual Property
JWP Patent & Trademark Attorneys sp.k.
JWP Patent & Trademark Attorneys sp.k.
Article

We Are All Inventors! Here Is A Story Of A Cup, A Straw With A Weight, And Two Parents Who Changed The Parenting Industry.

Imagine a scene known to probably every parent. A child is in a car seat or a cot and tries to drink water from a cup. The cup is shut tight, the straw is in place, but in the lying position, the liquid suddenly escapes somewhere to the side, and all the toddler sucks is air. In such a situation, the parent usually either sighs and places the mug at a different angle, or, as history has shown many times, comes up with an idea how to solve this problem once and for all.
PolandIntellectual Property
JWP Patent & Trademark Attorneys sp.k.
JWP Patent & Trademark Attorneys sp.k.