Trademark Injunctions

One of the primary areas where we assist clients is in securing evidence to support injunctions for breaches or infringements of their trademarks. We also focus on gathering as much evidence as possible to strengthen potential damages claims. The more evidence proving extensive trademark violations, the larger the potential claim for damages. In many jurisdictions, if it's shown that the offender deliberately and repeatedly breached the trademark with full knowledge of their actions, this can significantly increase the damages awarded.

Trademark infringement can be highly damaging to a business, causing confusion among customers and raising doubts about whether products are genuine. This disruption impacts both retailers and wholesalers of legitimate goods. Not all trademark infringements relate to physical products; many involve services. Regardless of the type of infringement, the damage and consequences are often the same. 

Trademark cases can be lengthy, but it is critical to prevent the infringer from benefiting while legal proceedings are ongoing. Securing injunctive relief early on can stop the infringer from using the trademark. This injunction can also be applied to any party aiding in the infringement, such as resellers, social media platforms, magazines, blogs, and promotional outlets. Once granted, if the interim injunction is violated, the infringer can be brought before the courts for contempt.

Often, a simple email outlining the breach or a cease-and-desist letter is enough to resolve the issue. If not, the next step is legal action. The law firms we collaborate with often recommend seeking injunctive relief alongside the legal proceedings. This ensures that once the case is decided in favor of the trademark owner, the injunction becomes permanent.

Advantages of Interim Injunctions

Obtaining an interim injunction quickly can create significant challenges for the infringer. Without warning, they must contact their legal advisers and inform all associated parties—such as dealers, magazines, or business partners—to remove infringing content. Failing to notify parties of the breach can lead to severe repercussions in future proceedings.

Notifying business associates of a trademark breach is both humiliating and damaging for the infringer. The parties involved will often have concerns, as they are now required to remove offending content—an inconvenient task with no benefit to them. This can strain future business relations between the infringer and their contacts.

While we are not lawyers, our role in securing trademark injunctions involves working closely with legal advisers. We collaborate with specialist law firms to gather evidence about both the infringer and the breach, compiling a comprehensive file that can trigger swift action. This strategy, sometimes referred to as "shock and awe," serves multiple parties with copies of the injunction over a short period (usually a day or two), forcing them to remove infringing material immediately. This causes considerable stress to the infringer, who will face a barrage of emails and calls from their contacts.

Dealing with Social Media and Other Platforms

Removing infringing material from small companies, social media platforms, and magazines can be difficult. Often, platforms prefer to ban the infringer rather than invest time in removing each instance of violation. In many cases, we inform platforms of potential action without revealing specifics to avoid tipping off the infringer. Once an interim injunction is in place, platforms act quickly, often removing all content that violates intellectual property rights.

International Remedies

In some jurisdictions, such as the UK, the High Court can order internet service providers (ISPs) to block access to websites that infringe intellectual property rights. This can be a powerful remedy when dealing with persistent breaches.

In many cases, law firms working with us simply notify platforms of legitimate trademark ownership and the nature of the breach. This often prompts the removal of all offending content before a legal deadline forces them to act under pressure.

An Example of Success

In one case involving a clothing brand, the infringing company had significant social media and online presence, accounting for 30–40% of their sales. After the trademark breaches were removed, the infringing company saw a sharp drop in sales and profits within 48 hours. Despite receiving cease-and-desist letters, the company ignored the warnings and eventually collapsed into administration.

Securing Injunctive Relief

The process of securing injunctive relief is similar across English-speaking jurisdictions that follow common law, as the procedures are based on case law and precedent. This reduces costs, as documentation prepared for one jurisdiction can often be adapted for another.

To obtain injunctive relief, you will need legal advice. We can gather the necessary evidence in advance, which will speed up the process once you engage a legal team. Based on our close collaboration with law firms, we typically know what evidence is required, ensuring that the majority of it is ready when you approach your legal advisers.

Essential Requirements for Injunctive Relief

To obtain injunctive relief, you must be able to provide evidence on the following points:

1. Trademark Ownership: You must prove that you own the trademark.
2. Likelihood of Success: You must demonstrate a high probability of winning the dispute and that the breach justifies injunctive relief.
3. Loss or Damage: You need to show that the trademark breach is causing loss and damage to your business.
4. Irreparable Harm: You must prove that without injunctive relief, your business could suffer serious and potentially irreparable damage.

Additionally, you can argue that the sale of infringing goods or services is causing confusion and that injunctive relief is in the public interest to prevent further consumer deception.

Evidence Gathering

Below are areas where we typically gather evidence to support a claim for interim injunctive relief:

• Has the trademark been infringed on websites or public materials?
• Does the breach appear extensively online?
• Have publications featured infringing materials?
• Is there infringement in investment solicitations or crowdfunding?
• Does the trademark appear frequently on social media platforms like Facebook, Twitter, or Instagram?
• Has the infringer used the trademark in their own publications or publicity materials?
• Does the infringement appear on information provided to clients?

Once we collect sufficient evidence, we present it to your legal advisers, who can then secure the necessary injunctive relief.

If you need further information or assistance, feel free to contact us. One of our specialists will be happy to advise you further.