What is a business restraining order?

What is a Business/Trademark Restraining Order?

A business restraining order is a tool for companies to fight irreparable harm to their business. Generally, this is a temporary restraining order (TRO) used to take action quickly when a company feels threatened. A TRO could be used in regards to trademarks, patents, copyright infringement, or threats to intellectual property. This TRO can require other businesses or people to cease infringement immediately without having to wait through the process of a trial for permanent injunction.

When Should a Business Restraining Order be used?

Business restraining orders are used to prevent others from using the property of businesses in the form of trademarks, patents, or copyrights. To better understand these three parts of a business and the differences between them, read this article. Below are a few examples of when it is appropriate for a company to file a business restraining order:

1. A company is presenting works as their own which have been copyrighted by your business

2. A company is using work patented by your company without permission

3. A company is using the same (or very similar) name as your company

In reference to this last one, there are some instances where the same name can be used without it being damaging to the original company. For example, if a local dessert shop in one state has the same name as a local shop in another state. Here are things to look for to help determine if it is damaging:

1. Is the location of the two companies close enough to confuse consumers?

2. Will consumers be confused by the dual use of the trademark?

3. Will consumers be confused by competing products using the same trademark?

If a business is answering “yes” to the questions above, then it is likely a good option to file a TRO.

How do you file a Business Restraining Order and what comes next?

If a business reaches a point where they have decided to take action to stop infringement happening on their trademark, patent, or copyright, then the first step is to get in touch with an attorney. They will be able to help you through the steps to protect your business, usually beginning with sending a cease-and-desist letter to the offending business. If the offending business continues infringement, then an attorney will likely take the next step of filing a lawsuit.

Having an experienced attorney to navigate issues involving Business Restraining Orders can be very helpful to the harmed business. When filing a TRO as a business, it is important to remember that they are temporary, generally lasting only as long as it takes to hold a hearing, if necessary. An attorney can help businesses to take all the necessary movements during this process.

If you have questions or need assistance with taking action against trademark, patent, or copyright infringement, contact Funke Law Offices for a free consultation!