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You better file that suit for preliminary injunction now or else you may lose the right to do it later so says the Eleventh Circuit Court of Appeals.

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, call us to speak with our knowledgeable Florida business litigation attorneys at Rosenthal Law Group today.

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