Preliminary Injunction and Temporary Restraining Order
Federal Law
A preliminary injunction is an order to stop a party from engaging in certain conduct while the litigation is pending; it can only issue after notice and a hearing. A temporary restraining order can accomplish the same result without notice or a hearing in certain circumstances. See Fed. R. Civ. P. 65.
The Eighth Circuit uses a four-factor test in determining whether a party is entitled to a preliminary injunction: (1) the probability that the movant will succeed on the merits; (2) the threat of irreparable harm; (3) the balance between the harm and the injury that granting the injunction will inflict on the parties, and (4) the public interest. Dataphase Sys. Inc. v. CL Sys., Inc., 640 F.2d 109 (8th Cir. 1981).
Most intellectual property violations can qualify as irreparable harm. As a result, intellectual property litigation often involves a motion for preliminary injunction or temporary restraining order.
Arkansas Law
The Arkansas rule differs in two significant respects. First, Arkansas does not distinguish between a preliminary injunction and a temporary restraining order. See Ark. R. Civ. P. 65. Second, the only factors considered are likelihood of success and irreparable harm. See id.; W.E. Long Co. v. Holsum Baking Co., 307 Ark. 345 (1991).
