Preliminary Injunction


These are orders to stop a party from doing something prior to the trial on the merits (i.e., stop selling a trademarked product or patented item). This must only be granted considering all the evidence in the light most favorable to the non-moving party. The movant must establish: (1) a substantial likelihood of success on the merits of the underlying case; (2) the movant will suffer irreparable harm in the absence of an injunction; (3) the harm suffered by the movant in the absence of an injunction would exceed the harm suffered by the opposing party if the injunction issued; and (4) an injunction would not disserve the public interest. Carillon Imp. Ltd. v. Frank Pesce Int'l Group Ltd., 112 F.3d 1125, 1126 (11th Cir. 1997).


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