All companies with well-known brand names or trade secrets, and particularly franchise companies, need to seek an injunction from time to time. Where the parties to the dispute have agreed to resolve their dispute only by arbitration, obtaining an injunction can be a more complicated process.
No adequate remedy of law that can be fully compensated by damages exists to remedy a competitor that uses or confuses your brand’s name. Nothing will stop the rogue employee from selling the secrets of your business short of an injunction, and nothing will allow your company to compel a franchisee to maintain operating standards except for a court order. No substitute exists for injunctive relief, and, yet, arbitration does not easily lend itself to obtaining a preliminary injunction or enforcing the permanent injunction.
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