A competitor of a restaurant obtained the restaurant’s secret recipe for fried chicken and began using it. The restaurant commenced a diversity action in federal court against the competitor for misappropriation of trade secrets. After the pleadings were served, but before discovery was commenced, the restaurant moved for a preliminary injunction to prevent the competitor from using the recipe. In support of its motion, the restaurant submitted an affidavit of a former employee of the restaurant, who admitted that he stole the recipe from the restaurant and sold it to the competitor. The court granted the restaurant’s motion. May the competitor immediately appeal the court’s decision?

To explain this, it is important to explain what a preliminary injunction is. This is an injunction that can be granted prior to or in the course of trial, with the main aim of maintaining the existing state of affairs before the final verdict is received. Hence, it is appropriate for the preliminary injunction to be immediately appealed by the restaurant due to the fact that the grant of a preliminary injunction can be appealed immediately as in the law.