A party that obtains a temporary injunction that turns out to have been unjustified has to indemnify the opposing party for all economic loss due to this temporary injunction. This is an absolute liability irrespective of any fault. In IP matters, a temporary injunction is unjustified where, for example, the main proceedings result in the IP right in question being declared invalid or non–existent or where no infringement is found. The losses are due to this injunction if sales or other acts such as advertising had not been made because the injunction was obeyed. These losses comprise the full amount of the attorneys' costs in relation to the suit, all sales losses and all costs spent in regaining the previous market share.
