英語 での Injunctive relief の使用例とその 日本語 への翻訳
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Consequently, in the event of breach of any of these Terms, Expedia is entitled, in addition to such monetary relief as may be recoverable, to such temporary, preliminary and/or permanent injunctive relief as may be necessary to restrain any continuing or further breach of these Terms, without showing or proving any actual damages or posting a bond or comparable security.
Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
Areas of Expertise Trade mark law, especially assistance with the brand portfolios of small, medium-size and large international companies, consultation services with regard to trade mark protection opportunities worldwide, enforcement of existing rights in infringement proceedings before authorities and courts, particularly in the areas of opposition proceedings, injunctive relief measures, copyright law, competition law and licensing law.
Notwithstanding the provisions of Section 9.1(Informal Resolution) and 9.2(Governing Law; Jurisdiction), nothing in these Terms of Use will prevent Atlassian from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
If Registrar acts in a manner that ICANN reasonably determines endangers the stability or operational integrity of the Internet and upon notice does not immediately cure, ICANN may suspend this Agreement for five(5) working days pending ICANN's application for more extended specific performance or injunctive relief under Subsection 7.1.
Any action or proceeding relating to this EULA must be brought in a federal or state court located in Alameda County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Neato may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
I agree with the Court's holding that"the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards," ante, at 5, and I join the opinion of the Court.
Neither of us may start the Formal Claim Resolution Process until at least sixty days have passed since the Informal Claim Resolution Process was begun; provided, however, either party may seek interim injunctive relief in a case involving intellectual property, as described in Paragraph 3.14 below, at any time before or after the Informal Claim Resolution Process has begun.
Even if eBay were able to establish a likelihood of success on the merits as to these causes of action, such a showing would only support injunctive relief addressing BE's use of the eBay mark and BE's use of the eBay auction listings(the appropriate relief for which would appear to be a disclaimer regarding the lack of affiliation between eBay and BE and explicitly alerting customers to the limited scope of BE's information).
Because the fair use enquiry often requires close questions of judgment as to the extent of permissible borrowing in cases involving parodies(or other critical works), courts may also wish to bear in mind that the goals of the copyright law,“to stimulate the creation and publication of edifying matter,” Leval 1134, are not always best served by automatically granting injunctive relief when parodists are found to have gone beyond the bounds of fair use.
Before the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
If I do not exclude myself from the Rule 23(b)(3) Settlement Class, can I individually sue these Defendants for damages or for injunctive relief?
EBay does not appear to offer any support for the proposition that unjust enrichment is an independent cause of action, let alone an independently adequate basis for preliminary injunctive relief.
Accordingly, you agree that we will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies we may have.
(B) If the service provider qualifies for the limitation on remedies described in subsection(a), the court may only grant injunctive relief in one or both of the following forms.
ICR and KS filed their original complaint in the Washington Federal District Court in Seattle on 8 December 2011, seeking injunctive relief from violent behavior that threatened the safety and lives of their researchers and crews.
The arbitration proceedings are ongoing, and SanDisk's filing for preliminary injunctive relief in the Superior Court of California for the County of San Francisco seeks to ensure that the ICC International Court of Arbitration will be given an appropriate opportunity to resolve the disputes.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Neato products or Neato Service, or infringement of intellectual property rights(for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Although the District Court made these statements in the context of considering the propriety of injunctive relief, the statements constitute a finding that the evidence concerning"sports, religious, educational, and other programming" was sufficient to establish a significant quantity of broadcasting whose copying is now authorized, and a significant potential for future authorized copying.
The Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties will be entitled to equitable relief, including injunctive relief or specific performance, without any requirement to post bond or guarantee, in addition to any other remedy to which they are entitled at law or in equity.