Permanent Injunction Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Permanent Injunction, written in plain English, along with examples of how it is used.

What is Permanent Injunction?

It is an order from the court to a party or person compelling or restraining him permanently, from performing certain activities or actions. It differs from preliminary injunction where the court order prevents the person or party from performing certain activities till the trial has a result.

History and Meaning of Permanent Injunction

A permanent injunction is a final judicial order issued by a court that permanently forbids or compels certain actions. It is the type of injunction that is sought to prevent ongoing or future harm, as opposed to a preliminary injunction, which is intended to provide temporary relief until the court can come to a final decision on the matter. Once a permanent injunction is issued, it cannot be changed or modified unless there are extraordinary circumstances.

Permanent injunctions have been part of the legal system for centuries, dating back to the early English common law. The use of permanent injunctions has been expanded in modern times due to the increasing complexity of commercial and intellectual property disputes.

Examples of Permanent Injunction

  1. A court orders a company to stop using a particular trademark that is owned by a competitor in a trademark infringement case.
  2. A court orders a former employee to return confidential trade secrets to their former employer to address a violation of a non-disclosure agreement.
  3. A court orders a neighbor to stop playing loud music after hours, which has been causing a nuisance to another neighbor.

Legal Terms Similar to Permanent Injunction

  1. Preliminary injunction: A temporary order issued by a court to prevent harm until a full hearing can be held.
  2. Restraining order: A court order that prevents or compels certain actions for a limited period, typically for the protection of an individual or entity.
  3. Specific performance: A court order that requires someone to perform a specific action, often used in contract disputes.