Sarah owns a bakery that has developed a unique recipe for her signature cake. When her former employee, Mike, leaves the company, he starts a new bakery using the same recipe. Sarah seeks a temporary restraining order (TRO) to prevent Mike from using the recipe while the lawsuit is pending. To obtain the TRO, Sarah must demonstrate which of the following?
Proof that the lawsuit has a set trial date.
Proof that the defendant has already copied the trade secret.
That a preliminary injunction has already been denied.
A likelihood of success on the merits and irreparable harm.
The correct answer is that Sarah must show a likelihood of success on the merits and the possibility of irreparable harm if the TRO is not granted. These are the primary criteria for issuing a TRO. Proving that Mike has already copied the recipe is helpful but not a standalone requirement. The existence of a trial date or prior preliminary injunction is not necessary for obtaining a TRO.
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What is a temporary restraining order (TRO)?
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What does 'likelihood of success on the merits' mean?