Getting an Injunction for Trade Secret Misappropriation
Under Florida law (Chapter 688), trade secrets are entitled to certain legal protections. As a business owner or operator, you need to be able to protect your company’s valuable trade secrets against any type of unlawful use. If you have been a victim of trade secret misappropriation, it is imperative that you speak to an experienced Miami business litigation attorney as soon as possible. Your attorney will be able to review your claim, and help you assess your remedies. One valuable remedy that might be available you involves filing for an injunction.
Trade Secret Injunctions: Frequently Asked Questions (FAQs)
What is an Injunction?
Simply put, an injunction is a court order that requires a defendant to either:
- Take action; or
- Stop doing something.
In the vast majority of cases, injunctions are sought to force a defendant to stop doing something. Of course, in a trade secret misappropriation claim, a business would seek an injunction get the other party to stop misusing their protected trade secret. This is an extremely valuable legal tool, as it can be used to put an immediate stop to any damage being caused by the unlawful actions of the defendant.
Is an Injunction Permanent?
In trade secret misappropriation cases, injunctions are mostly issued on a temporary basis. Indeed, typically injunctions are sought on a preliminary basis. This is because trade secret litigation, as with many other types of business litigation, can take quite a long time to reach a conclusion. An injunction can be sought to prevent any further trade secret misuse, while the case is making its way through the legal process.
What Do You Need to Prove to Get a Trade Secret Injunction?
It must be noted that trade secret injunctions can sometimes be difficult to obtain. While by no means impossible, Florida companies looking to obtain an injunction to prevent trade secret misappropriation should always be represented by a highly qualified business law attorney. To obtain a trade secret injunction in Florida, your business law attorney must be able to prove the following four required elements:
- There must be a significant likelihood that your case will eventually win on the merits;
- There must be a chance that irreparable harm will occur if the injunction is not issued by the Florida court;
- The potential for damage to the plaintiff (your business) must be greater than the potential for damage to the defendant; and
- The best interests of the public cannot be harmed by the ruling.
If all of the elements can be established, then you have the right to obtain a preliminary injunction to stop trade secret misappropriation.
Request Your Free Business Law Consultation Today
At Pike & Lustig, LLP, our top-rated business law attorneys have deep experience handling all aspects of trade secret misappropriation claims. To learn more about what our law firm can do for you, please contact us today to set up your free consultation. From our primary office in West Palm Beach, and our secondary office in Miami, we represent businesses all around South Florida.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0688/0688.html
