Who must issue an injunction in the case of trademark disputes?

In trademark disputes, it is the responsibility of a judge to issue an injunction. An injunction is a court order that requires a party to do or refrain from doing specific acts, and in the context of trademark law, it is often sought to prevent further infringement of a trademark or to maintain the status quo while a legal dispute is resolved.

Judges have the authority to interpret the law, weigh evidence, and make determinations based on legal principles. In cases of trademark infringement, a judge assesses whether the trademark holder is likely to succeed in their claim and whether they will suffer irreparable harm without an injunction. This legal process is integral to protecting intellectual property rights.

Juries do not typically have the authority to issue injunctions, as they are responsible for determining facts in a case, while the judge applies the law. Similarly, arbitrators and legal mediators are involved in alternative dispute resolution processes and do not possess the authority to issue court orders like judges do. Therefore, in trademark disputes, the judge plays the crucial role of granting or denying injunctive relief to protect the rights of the trademark holder.