Legal Definitions - provisional injunction

A provisional injunction is a temporary court order issued early in a lawsuit, before a full trial has taken place and a final judgment has been rendered. Its primary purpose is to prevent immediate and irreparable harm to one of the parties involved or to preserve the existing situation (known as the "status quo") until the court can thoroughly hear the case and make a permanent decision. This type of injunction is often referred to interchangeably as a preliminary injunction.

Here are some examples illustrating how a provisional injunction might be used:

• Example 1: Business Trade Secrets

  A technology startup discovers that a former senior engineer, who recently joined a rival company, is allegedly using the startup's confidential source code and client lists to develop a competing product. The startup could immediately seek a provisional injunction. If granted, the court would order the former engineer and the rival company to cease all use and distribution of the startup's proprietary information and to halt development of the competing product until the full lawsuit regarding trade secret theft can be heard. This prevents the immediate and irreparable harm of losing competitive advantage and intellectual property.

• Example 2: Environmental Protection

  A local environmental advocacy group files a lawsuit against a construction company, arguing that the company's planned development project on a wetland area violates environmental protection laws and will cause irreversible damage to a sensitive ecosystem. The group could request a provisional injunction to immediately halt all construction activities. If the court grants the injunction, the construction would be paused, preserving the wetland in its current state until the court can fully evaluate the legal arguments and environmental impact claims.

• Example 3: Copyright Infringement

  An independent filmmaker discovers that a large streaming platform has begun distributing a movie that appears to be a direct, unauthorized copy of their copyrighted short film. The filmmaker could file a lawsuit for copyright infringement and simultaneously request a provisional injunction. If the court agrees, it would order the streaming platform to immediately remove the infringing movie from its service, preventing further unauthorized distribution and potential financial losses to the filmmaker while the legal battle over copyright ownership and damages proceeds.