You ought not sit on your rights if you want an injunction according to
the Eleventh Circuit Court of Appeals. In a recent opinion, the Eleventh
Circuit Court of Appeals ruled that a party's failure to act to enforce
rights with speed or urgency is fatal when seeking a preliminary injunction.
In the recent case of
Wreal, LLC v. Amazon.com, Inc., the Eleventh Circuit Court of Appeals held that the district court did
not abuse its discretion in denying a
preliminary injunction due to the party's five month delay in seeking it.
The plaintiff in
Wreal, an operator of a service called “FryeTV,” sued Amazon in
federal court seeking various relief under the
Lanham Trademark Act, Florida's Deceptive and Unfair Trade Practices Act, and Florida common
law. But, the plaintiff waited until five months after filing its lawsuit
to move for a preliminary injunction.
The Eleventh Circuit affirmed the district court's denial of preliminary
injunction, concluding that the plaintiff’s unexplained five-month
delay in seeking a preliminary injunction undermined the required finding
that it was faced with irreparable injury
Thus, it is imperative that you promptly consult with legal counsel if
your rights are infringed upon and you have a legal right to a preliminary
injunction to avoid losing the right to obtain injunctive relief.
For more information about obtaining injunctive relief and how to protect
you and/or your business’ protected rights,
to speak with our knowledgeable Florida business litigation attorneys at
Rosenthal Law Group today.