![]() ![]() When considering options, keep in mind that litigation is usually expensive and time-consuming, and it can take years before a court delivers a decision. Negotiating a settlement of the lawsuit by, for example, agreeing to take certain actions to avoid likelihood of confusion.Asserting a defense to the alleged infringement and/or.Denying that the trademark owner has proved infringement.If you are sued for trademark infringement, a U.S.-licensed attorney experienced in trademark litigation can assist you in deciding the best course of action, which may include one or more of the following options: ![]() These are only the first steps of a litigation process that can be very complicated. If you fail to timely file an appropriate response to the complaint, the court may enter a default judgment against you and order you to pay damages or perform other remedial actions. You must file the answer or any applicable Rule 12 motion within the time period set by the court's rules and serve a copy on the plaintiff. If you are sued, you must formally respond to the complaint, either by filing a document called an "answer" with the court, or by filing a motion based on one of the grounds set forth in Rule 12 of the Federal Rules of Civil Procedure, if any apply. Your duty to respond to a complaint is triggered when the plaintiff formally "serves" the complaint on you, along with a "summons," which is a court notice requiring you to appear before the court and respond to the complaint by a certain date. What are my options to respond to the suit? Even when a plaintiff chooses state court, it may be possible for the defendant to have the case "removed" to federal court.įrequently, either before or at the time a complaint is filed, the trademark owner or the owner's U.S.-licensed attorney may send you a letter/email or otherwise contact you to make claims about the owner's trademark rights and demand that you take certain actions, such as ceasing use of your mark. However, in most cases, the trademark owner, as plaintiff, will choose federal court. Trademark owners who decide to sue may file their complaint in either state court or federal court, depending on the circumstances. ![]() Among other things, the complaint names the parties involved and sets forth the allegations that form the basis of the lawsuit. How does a trademark infringement lawsuit begin?Ī trademark lawsuit begins when the trademark owner files a complaint with a court alleging trademark infringement.
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