Injunction: Definition, Example and Related Terms
What is an Injunction ?
There are three main types of injunctions: - Temporary/Emergency Injunctions: Quick, short-term orders issued in emergencies - Preliminary Injunctions: Intermediate orders that last until the case is fully resolved - Permanent Injunctions: Long-term or final orders issued after a full trial
In commercial contracts, injunctive relief is often included as a remedy because some contract breaches can cause immediate, irreparable harm that money simply can't fix. For example, if someone threatens to reveal trade secrets, waiting for a normal lawsuit could be too late - the damage would already be done.
Getting an injunction isn't easy. Courts typically require the requesting party to prove: 1. They'll suffer irreparable harm without the injunction 2. They're likely to succeed in their main case 3. The balance of hardships favors them 4. The public interest supports the injunction
Example(s)
Scenario Description A former employee threatens to share confidential information with competitors The company could seek an injunction to prevent the employee from disclosing the information. This would be more effective than waiting to sue for damages after the information is already exposed. A construction company begins building on protected land Environmental groups might seek an injunction to stop the construction immediately, as waiting for a regular lawsuit could result in irreversible environmental damage. A company continues using another's trademark despite warnings The trademark owner could seek an injunction to force the company to immediately stop using the trademark, preventing further brand confusion and damage.