Appellate Practice Attorney serving New York, NY
If you have some basis to claim that the other business is somehow violating your rights by conducting their business in your county, for example, if they were using some of your intellectual property (trade secrets, trademarks, patents, etc.) or violating a non-compete agreement between you, you would sue the entity and their principals for the wrong (e.g. trademark infringement), and at the same time move for a preliminary injunction enjoining them from continuing the infringement during the pendency of the action. You would bring that motion on by Order to Show Cause which would contain a temporary restraining order immediately restraining them from continuing the activity you allege to be wrongful while your preliminary injunction motion is pending.
In order to win such a motion in NY state court, you must be able to show a likelihood of succeeding on your claims, irreparable harm absent the granting of the preliminary injunction (money damages are not irreparable harm, but damage to good will can be), and that the balance of the equities tip in your favor. The standards are slightly different in federal court.
However, I have a basic question. if they are now using a different name, and presumably not one protected by any trademark you own, what is the basis for the resttraining order and injunctiojn, particularly one which seems overbroad (i.e. not asking that they be prevented from using the same or similar name, but one which prevents them from doing business at all)?
Answered on Nov 20th, 2013 at 12:52 PM