Intellectual Property Law

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filing a trademark preliminary injunction

I want to file a...

I want to file a preliminary injunction for a trademark infringement on a business name. If I have trademark registration already and already sent cease and desist letters and received no response from the adverse parties, how do I file? The case has never been in court so there are no appeals. Do I only file a complaint first or can I just file a complaint along with the motion for preliminary injunction and its memorandum? Can I file it o the court's online website? I intend to file in new york federal court but can I file it in new york state court even though some of the parties are not NY residents? The adverse parties are using websites to promote their business with the infringed trademark.

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6/9/2013
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Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 119,440
Experience: Attorney practicing all aspects of copyright/trademark law
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Thank you for your question and for asking for me. I was unable to get to your question because the system had me locked out and I apologize for the delay.

If you have already sent your cease and desist letter and they are continuing to violate your trademark rights, you would have to file a complaint for trademark infringement in the US District Court and together with that complaint you have to file a motion for preliminary injunction to obtain a court order to them to cease using your mark. If the trademark belongs to a business, the business must file suit and a business (corporation, S-Corp or LLC or Partnership) must be represented by an attorney and an owner cannot represent the business in a legal matter as it would be considered an unauthorized practice of law since a business is considered a separate legal entity that can sue and be sued. If you personally own the trademark under your personal name, you can file the suit and motion for the preliminary injunction on your own. To file this in the online US District Court system, you have to arrange with the clerk of the court to have an online account and if not you have to file it in person and then you have to serve the other party using a process server with a copy of the complaint, motion and summons.



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Category: Intellectual Property Law
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