Injunctive relief is a court order prohibiting one party in a dispute from taking specific actions. The remedy is designed to prevent harm to another party and is available in many situations, including business disputes.
The role of injunctive relief in a business dispute is to prevent a party from doing something that would cause irreparable harm to the other. For example, a business owner might seek an injunction preventing a competitor from launching a product that significantly resembles one of their products.
When is injunctive relief necessary?
Business owners may ask the court for an emergency injunction in several situations. To help you determine if it is an option in your case, here are three scenarios in which a court may approve your petition:
- When a party is about to take harmful actions against you, such as destroying evidence related to a business dispute
- When a party is about to engage in unfair competition, such as by selling counterfeit goods or using your company’s trade secrets
- When a party is about to violate a business contract, such as by failing to comply with a non-compete agreement
Injunctive relief is available in two main forms: a temporary restraining order (TRO) or a preliminary injunction.
What is the difference?
A TRO temporarily stops the other party from engaging in practices that harm your operations (like counterfeiting your goods) for a short time. A preliminary injunction offers similar relief that generally lasts longer than a TRO.
A legal opinion may help determine if injunctive relief is warranted under Massachusetts law. Another benefit of legal guidance is potentially strengthening your position if the dispute proceeds to litigation.
