Legal Definitions - balance of convenience

Definition: Balance of convenience is a legal test used by courts to determine whether to issue a preliminary injunction against a defendant's allegedly infringing or unfair practices. The test weighs the benefits to the plaintiff and the public against the burden on the defendant.

Example: Let's say a company is accused of infringing on a patent owned by another company. The owner of the patent may seek a preliminary injunction to stop the alleged infringement while the case is being litigated. The court will use the balance of convenience test to determine whether to grant the injunction. The court will consider the benefits to the patent owner and the public if the injunction is granted, such as protecting the patent owner's rights and preventing harm to consumers. The court will also consider the burden on the company accused of infringement, such as the cost of stopping production or the impact on its business.

Another example: A music artist may seek a preliminary injunction to stop a record label from releasing an album that allegedly infringes on the artist's copyright. The court will use the balance of convenience test to determine whether to grant the injunction. The court will consider the benefits to the artist and the public if the injunction is granted, such as protecting the artist's rights and preventing harm to the music industry. The court will also consider the burden on the record label, such as the cost of delaying the release or the impact on its business.

The balance of convenience test helps courts make a fair and just decision by considering the interests of both parties involved in a legal dispute.