Balance Of Harms at Law Glossary
What is it? Prior to ordering injunctive relief, which is an equitable remedy, the court must weigh the harm to defendant if the injunction is imposed, against the harm to plaintiff if no injunction is ordered. There have been cases where the court finds likely consumer confusion (the requirement of a finding of trademark infringement), yet refuses to enjoin the defendant from using the mark on the basis that defendant made a substantial good-faith investment in a mark, and the harm to defendant in loosing that investment outweighed the harm to plaintiff. See e.g. Mushroom Makers, Inc. v. R.G. Barry Corp., 580 F.2d 44 (2d Cir. 1978).Legal Definition Added By: Kayla
The Balance Of Harms definition has been viewed 808 Time(s)!
Send To Friends!
If you'd like to send the Balance Of Harms definition to yourself or to your friends/colleagues, just enter the e-mail addresses in the boxes below -We hope you now understand the meaning of Balance Of Harms. If you need any more information on this term, please don't hesitate to contact us.
Other Similar Law Terms:
Legal Term Commissioner is The Commissioner of Patents and Trademarks in the United States Patent and Trademark Office. At the time of this writing, that position is held by Bruce Lehman.Legal Term Monopoly is A privilege vested in one or more parties consisting of the exclusive right to carry on a particular business or trade. In the case of trademark law, a monopoly specifically references the exclusive right to use a word, symbol, sound or trade dress, etc. in association with a particular kind of good or service.
Legal Term Electronic Funds Transfer Act is Law establishing the basic rights, liabilities, and responsibilities of consumers who use electronic fund transfer services and of financial institutions offering these services.
Legal Term Stipendiary Magistrate is A legally qualified and salaried Magistrate
Legal Term Deceptive Advertising is False and misleading advertising.