Business competition can get ugly. And occasionally, aggressive opponents may cross legal lines when elbowing their way to #1. Our law firm works with startups, entrepreneurs and businesses who face egregious acts of disruptive marketing, and they all ask: “Can I get an injunction against [insert name of competitor]?”
So, due to popular demand, let’s review a few “injunction law” basics. If you still have questions when we’re done, get in touch.
Real Talk: Injunctions Are Tough To Get
Before you start the injunction process, it’s important to understand one major thing: injunctions are tough to get. Why? Simply Stated: Because free speech and fair competition are two philosophical cornerstones of the U.S. marketplace. Courts are exceptionally cautious about dolling out injunctions that could impede another party’s First Amendment rights or free market ambitions.
What You Must Prove To Get An Injunction
You may be thinking: “What must I prove to successfully motion for an injunction?”
Like most legal questions, the answer isn’t simple – because litigation strategies are largely dependent on the details. That said, we’ve outlined some “ballpark” parameters regarding the acquisition of either a temporary or permanent injunction related to unfair competition, defamation or disruptive marketing that crosses the legal line.
#1: Ongoing Damage
To get an injunction to remove content from the Internet, the requesting party must convince a judge that letting the content stay will cause ongoing damage, at the hands of another party, who is acting contrary to laws or regulations.
#2: Probability of Success
As stated above, judges don’t hand out orders willy-nilly. Instead, to get an injunction, judges must be convinced that, based on statutes and case law, you will most likely win the lawsuit associated with the request.
#3: Keeping the Information Published Will Cause Great Harm “In the Absence of Preliminary Relief”
If a published statement is likely to cause long term harm if not quickly removed, the statement may be a candidate for an injunction action (if the other tests are also met). To win this point, plaintiffs must demonstrate how the statement will cause actionable harm and why temporal concerns are likely to exacerbate said harm.
#4: The Public’s Interest Is Best Served by Granting an Injunction
Philosophically speaking, laws are meant to protect citizens’ interests. So, for a court or judge to grant an injunction, the potentially impending harm must be detrimental to the public’s best interest in some capacity.
Questions? Speak With An Unfair Competition Lawyer About Your Chances Of Securing An Injunction
Do you have more questions about how to get an injunction? If yes, contact the online reputation and removal lawyers at Kelly Warner. We’ll review the details of your situation and provide potential solutions.