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Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Kansas -What does a motion for Temporary Restraining Order

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Kansas -What does a motion for Temporary Restraining Order and Memorandum in Support Mean? Can I filed a injunction against use of my equipment?

Group A =Plaintiff Group B= Defendant-ME Both Non Profit Groups.

Being sued for Trademark Violation. Group A was rewarded the Service Mark, Business Entity of Group B. Group A didn't incorporate Group B, So I did (Was not part of the prior case) and I'm the Resident Agent. I have followed the State Statutes, and All attorneys have said I have the right to operate as Group B. Also Group A is using Group B's name, and defrauding my Group. They are also holding hostage $250,000 of Equipment which was bought and/or donated to Group B, Have Receipts of the Donations, Bill of Sales for said equipment. Also Group A is not using any copyright, trademark, service marks on stating it's protect.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Kirk Adams : A temporary restraining order motion is a request to the court for an order requiring you to stop the use of this image until the trademark issue is determine,

Can I file an injuction against the group for using my equipment which is rowing shells?

Kirk Adams : Being incorporated doesn't have anything to do with intellectual property rights - - trademarks and copyrights.
Kirk Adams : Is their use of your equipment with permission or not?
Kirk Adams : ....or did they pay for the equipment?

no permission given. They didn't pay for anything.

Kirk Adams : Ok.

They infact tried to sell part of it in the prior case involving we'll use Group C

Kirk Adams : IF they're illegally using your property, you can counter-sue for a temporary restraining order to stop them from using your property without permission. Also, you could sue for conversion for their misuse of your property.

I did counter sue, and put all that in my claim as well.


The image they are trying to claim is different from my image I'm using as I made alterations to it

Kirk Adams : Ok. Then you should be in good shape. However, you can file a motion for a TRO as well.

can i use or reference the settlement from the prior case to help out my case?

Kirk Adams : You will have your chance to tell the judge your side of the story at the hearing of this case.
Kirk Adams : You CANNOT refer to settlement talks as they're not allowed as evidence.

Alright. Good to know. The group also committed perjury by changing the RA on another business entity without permission, is that something to try in court obviously through a different case?

Kirk Adams : If the same issue comes up in your case AND they say something different than they did in the previous case, you could bring that up and try to catch them in a lie - - which is called impeachment or impeaching the witness

wonderful. I thank you for your help!

Kirk Adams : No problem. Glad to help.

1 more

Kirk Adams : ok

if a county government defaults on a contract without written notice of the legal agent (supposed to be 30 days), can I get them for that? As the County cancelled my contract with lease of the building, rescinded the contract without notification to me and then make a new contract with the other group.

Obviously I'd have to file against the county in a different case

Kirk Adams : Yes, if the county breached the written contract, you can sue for that breach.

Basically what happened was a group of people joined a rowing association, did a hostile takeover, started suing people, and I'm trying to do a legal takeover, knowing I'll be sued. I've been trying to represent myself as I'm the only member of association now and can't afford retaining an attorney. Thank you, XXXXX XXXXX! Have a Great Night!!! Chris

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