Injunctive relief: Definition, Example and Related Terms
What is Injunctive relief ?
Injunctive relief, at its most basic, is like a court-ordered stop sign or a compulsory 'do this'. Imagine you and your friend are having an argument, and your older sibling steps in, ordering, 'Stop fighting!' or 'You must apologize!'. That's somewhat like injunctive relief but in a legal setting. A court gives out this type of relief, which could either be ordering someone to perform a specific act (“You must do this”) or to stop doing something (“You must not do this”). It is usually granted when something unwelcoming or harmful happens and could continue to happen without a stop or a mandate.
Interestingly, similar to our everyday lives where you can't just stop anyone from doing anything without a reason, injunctive relief also requires a concrete rationale. Courts typically consider whether the person requesting the relief will suffer irreparable damage without this 'stop sign' and whether there's no other better option available.
Example Description Data Breach If a company realizes that a former employee is illegally using confidential data. They can seek injunctive relief to stop this activity immediately. Infringement of Intellectual Property (IP) Rights If a business's intellectual property like logo, unique technology, or trade secrets are being used by another party without permission, the business can request the court for injunctive relief to prohibit the infringing action. Unfair Competition If a competitor is creating false advertisement to tarnish another company's reputation, the victimized company can opt for injunctive relief to stop the unfair practice. Breach of Contract If one part of a contract is not being honored by the other party, the aggrieved party can seek injunctive relief to compel them to fulfill the contract terms.