17 U.S.C. § 1322

Injunctions

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(a)In General.—A court having jurisdiction over actions under this chapter may grant injunctions in accordance with the principles of equity to prevent infringement of a design under this chapter, including, in its discretion, prompt relief by temporary restraining orders and preliminary injunctions.(b)Damages for Injunctive Relief Wrongfully Obtained.—A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for such injunctive relief and may recover such relief as may be appropriate, including damages for lost profits, cost of materials, loss of good will, and punitive damages in instances where the injunctive relief was sought in bad faith, and, unless the court finds extenuating circumstances, reasonable attorney’s fees.(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2914.)

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2021–2023 · leading case: Conrad L. Hoever v. R. Marks, 993 F.3d 1353 (11th Cir. 2021).

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Conrad L. Hoever v. R. Marks, 993 F.3d 1353 (11th Cir. 2021). “”); 17 U.S.C. § 1322 (b) (“A seller or distributor .”

Epic Tech, LLC v. Raleigh Startup Solutions LLC (E.D.N.C. 2023). “See 17 U.S.C. § 1322 (copyrights); 15 U.S.C. § 1116 (a) (trademarks).”

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