Equitable Remedy

Refers to the remedies that are equitable in origin and that a judge may impose. The principle equitable remedy in intellectual property cases is an injunction, which prohibits ongoing sales of infringing goods or other infringing activity. Preliminary, interim or interlocutory injunctions can be provided to an intellectual property holder, provided that it can show that it would likely succeed in its case at trial, that it will suffer irreparable harm without one (i.e., harm that money damages will not repair), and that the balance of the hardships weighs heavily on it. Even so, such a preliminary injunction is frequently subject to the posting of a bond.

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