What is a permanent injunction and why are they issued?
A permanent injunction is a type of equitable remedy that the court issues to require a party to take certain actions or to refrain from taking certain actions. A court usually issues a permanent injunction at the end of a lawsuit.
The court will usually issue an injunction to prevent a party's actions if they are violating another party's rights.
- They will consider issuing an injunction if not doing so would cause the party irreparable harm. Courts take into account the effect of the injunction on both parties.
- They try to make their decision as balanced as possible and one that does not cause undue hardship on the defense's party.
- They also look at the effect the injunction would have on public interest.
What is the difference between and permanent injunction and a preliminary injunction?
While a permanent injunction is issued at the end of a lawsuit, a preliminary injunction is issued while a lawsuit is pending. Permanent injunctions are a lot less common than preliminary and temporary injunctions.
What happens if a person or party does not follow the injunction?
If a person or party refuses to obey the injunction or ignores it then they may be in contempt of court for violating the injunction. That party then has to prove they were justified in violating the injunction and if they cannot then they may have to pay a fine or they may face jail time.
What are some examples of cases where a court might issue an injunction?
- Unfair Competition
- False Advertising
- Patent Infringement