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?
A likelihood of success on the merits and irreparable harm.
That a preliminary injunction has already been denied.
Proof that the defendant has already copied the trade secret.
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?