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Civil Remedies
Legislative revisions to provide standardized processes to enforce U.S. rightsholders’ rights against
Predatory Foreign Websites and to ensure that due process concerns of the website owners and/or
applicable intermediaries are taken into consideration would ensure the consistent application of
available remedies.
(2) Preliminary Injunctions
After a TRO expires, it is succeeded by a preliminary injunction, often covering the same grounds,
providing relief to the plaintiff during the duration of the lawsuit, until final judgment is entered. 145
A preliminary injunction may issue only on notice to the adverse party. 146
As with a TRO, a balancing test of four elements is used to decide whether to grant a preliminary
injunction:
1. likelihood of success on the merits;
2. the extent of irreparable harm in the absence of preliminary relief;
3. the balance of equities weighing in favor of the party seeking the injunction; and
4. the public interest. 147
Cases against Predatory Foreign Websites may involve preliminary injunctions. For example, in
Philip Morris, the court entered a preliminary injunction: 148
• prohibiting defendants from using any Philip Morris marks in websites, domain names,
links, or search engines or selling Philip Morris products;
• directing the top-level domain registry to transfer the subject domain names to a new
registrar, GoDaddy;
• ordering GoDaddy to change the DNS records for the domain names to point to a notice
service website hosting the case documents; and
• directing Western Union to “divert” and hold all money transfers sent by U.S. consumers to
three named individuals in China.
(3) Permanent Injunctions
Permanent injunctions are granted as final relief, at the end of litigation, after both sides have been
afforded the opportunity to be heard. These injunctions may be awarded if a party can demonstrate:
(1) that it has suffered an irreparable injury;
(2) that remedies available at law are inadequate to compensate for that injury;
(3) that considering the balance of hardships between the plaintiff and defendant, a remedy in
equity is warranted; and
(4) that the public interest would not be disserved by a permanent injunction. 149
Moreover, “[t]he decision to grant or deny such relief is an act of equitable discretion by the
district court, reviewable on appeal for abuse of discretion.” 150
Permanent injunctions remain in effect as long as their necessary conditions are met. Failing to
adhere to permanent injunction places a party in contempt of court. 151 In another Chanel decision,
the court’s preliminary injunction: 152
• prohibited the defendants from using any Chanel marks or selling Chanel products;
• ordered the Defendants’ domain names transferred to the Plaintiffs;
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