Legal Question in Intellectual Property in New York

when somebody says he/she is going to pursue an "injunction" (against publishing something, or marketing something) in federal court, what exactly does that mean and involve? is it typically an expensive process? how many legal hours are involved?


Asked on 7/01/11, 6:33 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

That's not something that can be answered with any precision without understanding the basis of the injunction being sought and the law under which it would be obtained.

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Answered on 7/01/11, 6:36 pm
Betty Tufariello Intellectulaw, Law Offices of P.B. Tufariello, P.C.

The root of the word "injunction" comes from the verb "to enjoin."

"To enjoin" means to try to stop someone from doing something. So, to put it simply, if someone wants the Court to issue an Order telling you to stop doing something, then that person will go into Court and seek an injunction by making a Motion.

A motion is the sum total of things one has to do, to convince the Court to do something on one's behalf. A motion usually comprises 4 or 5 documents i.e. a Notice of Motion, A Motion, a Memorandum of Law in which all the support (both legal and factual) is set forth to convince the Court to grant the Motion, and an Affidavit of the person who is seeking to move the Court, submitting factual evidence in support of the Motion.

Preparing a Motion can be a very expensive process, particularly if the moving party is seeking something called a preliminary injunction (which is what the injunction of your question might very well be). The burden to prove that you deserve to get the injunction is quite high and many times it includes oral argument in front of the judge. (Usually there is no jury) So the attorney who prepares the Motion, normally spends many hours on it. 25-40 hours would not be unusual at all. Even more if the issues associated with the Motion are complex and factually sensitive. Many hours by an attorney translates to "very expensive."

I hope the foregoing answers your questions.

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Answered on 7/01/11, 6:56 pm


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