| Injunction is an equitable remedy, it is generated due to lack of common lawremedies. Trademark temporary injunction is a remedy which to prevent thetrademark owners suffer irreparable damage before the Court making a final judgment,and stop infringement to maintain the relative rights. Trademark temporary injunctionis a necessary civil remedies on trademark protection. It provide advance access tolegal remedies for the trademark owners, to avoid suffering irreparable damage or lossexpansion. But temporary injunction is issued before the right to determine, whichhave risk of abuse. Applying conditions became the first line of defense to preventabuse of the injunction. The U.S. Supreme Court in the trial established the injunctionapplies not be divorced from the traditional principles of equity in eBay case, thefour-factor test method should be adopted whether an injunction should be issued. TheeBay was dealing with a permanent injunction in patent case, which sparked disputein trademark and patent injunction case. The focus of controversy is" The likelihoodof success " and "presumption of irreparable harm" should be some difference intrademark case and patent case applicable prohibitions? whether should be somedifference? Trademark is a typical type of intellectual property, it owns intellectualproperty basic features. However, trademark has its own characteristics, thesecharacteristics determine the trademark protection different with patent protection andcopyright protection. Based on the nature of trademark messaging features and valueuncertainty, irreparable damage is often caused by trademark infringement.So,temporary injunction become an important mechanism for trademark protection.Trademarks temporary injunction applying should be wider than other intellectualproperty rights. Trademarks temporary injunction applies are closely connected withthe protection of trademark rights. Therefore, to study the applicable conditions oftrademarks temporary injunction should focus on trademark protection. This paperanalyze the characteristics of the temporary injunction, compared to other intellectualproperty rights of and analysis feature of the trademark infringement and trademarktemporary injunction to bring the study of the applicable conditions trademarkstemporary injunction, make recommendations for the legislative and judicial practiceof China’s trademark temporary injunction. |
