Provisional Remedy

Pro-vi-sional rem-e-dy
A court order issued before a final judgment in a case to preserve the status quo or prevent harm. Examples include temporary restraining orders and preliminary injunctions.
The court granted a provisional remedy prohibiting the company from releasing the allegedly infringing product until the copyright lawsuit is resolved.
There are many cases involving provisional remedies. One famous example is Apple v. Samsung (2011), where a preliminary injunction was issued against Samsung.
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Frequently Asked Questions

What are the different types of provisional remedies?

Temporary restraining orders (TROs), preliminary injunctions, attachments, and receiverships.

What are the requirements for obtaining a provisional remedy?

The moving party must demonstrate a likelihood of success on the merits of the case, potential irreparable harm if the remedy is not granted, and that the balance of equities tips in their favor.

What are the limitations of provisional remedies?

They are temporary and may be difficult to obtain.

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