Discussion:
What is the name of your state?Ohio
Can anyone give some advice on summons to respond by writing to a civil action for trademark infringement. I'm in Ohio and the papers are being served from CA.
I was asked, informed, etc.. to cease the use of the word, we'll call for example "salami". It's true meaning is short for salami city lets say and most people just call the town/area "salami". I was under the impression you could not trademark any word if it has geaographic relevance and would cause confusion. So, I was selling shirts online with different city and location names and with this being one.
Needless to say I feel the trademark was assigned in error due the geographic reference, but I did remove all activity and reference to the name just to avoid the hassle. I may have made $50 total with anything that had that name, so it just wasn't worth it.
Well, come to find out I still had a graphic out there that I must have overlooked on the website even though you could not order any product, so they proceeded to serve me with papers. Not sure if it's the attorneys ego, or his clients eyes filled with dollar signs.
What should I do, as I can't afford representation, and I'm a full-time college student with a mountain of debt?
1. Answer the summons myself and just tell everything that happened from my perspective?
2. Don't answer, and wait for a judgement to be awarded and then file bankruptcy?
3. Change my name and move to Mexico?
Thanks for your help.
Answer:
What is the name of your state?Ohio
Can anyone give some advice on summons to respond by writing to a civil action for trademark infringement. I'm in Ohio and the papers are being served from CA.
I was asked, informed, etc.. to cease the use of the word, we'll call for example "salami". It's true meaning is short for salami city lets say and most people just call the town/area "salami". I was under the impression you could not trademark any word if it has geaographic relevance and would cause confusion. So, I was selling shirts online with different city and location names and with this being one.
Needless to say I feel the trademark was assigned in error due the geographic reference, but I did remove all activity and reference to the name just to avoid the hassle. I may have made $50 total with anything that had that name, so it just wasn't worth it.
Well, come to find out I still had a graphic out there that I must have overlooked on the website even though you could not order any product, so they proceeded to serve me with papers. Not sure if it's the attorneys ego, or his clients eyes filled with dollar signs.
What should I do, as I can't afford representation, and I'm a full-time college student with a mountain of debt?
1. Answer the summons myself and just tell everything that happened from my perspective?
2. Don't answer, and wait for a judgement to be awarded and then file bankruptcy?
3. Change my name and move to Mexico?
Thanks for your help. May I call you Mr. Pedro Sanchez?
Answer:
I already have my getaway name picked out. Please feel free to call me Senor Caliente Pantalones.
Answer:
Answer the summons myself and just tell everything that happened from my perspective? Make sure you pick up a book from the library on how to do this before you start. If you are a college student, you might also see if you school has someone on campus that you can speak to for legal advice -- many campuses have such a person.
Don't answer, and wait for a judgement to be awarded and then file bankruptcy? Bankruptcy's are a black mark for 10 years (or 7, can't remember) -- you don't want that.
From the admittedly limited details you've given here, you may have a couple of reasonable defenses -- whether or not it is worth it to you to raise them, with or without the help of an attorney, is up to you. However, at a minimum, you should move to dismiss the action based on lack or personal jurisdiction -- the court may find that your "advertising" on the web is sufficient to give them jurisdiction over you, but you should at least try...
Plus, you are right and wrong about trademarking geographical names. You can trademark a geographical name, but not if it refers to tthe particular geography -- for example, somebody had the trademark (maybe still does) of "LA Gear" -- they couldn't keep anyone else from using the term LA, certainly not the city, but they could keep anyone from selling tennis shoes with LA in the name. That's probably what's happening here.
Further, unless their trademark is registered with the USPTO, their trademark may not even been governing your stuff in a different state.
If you can afford a consultation with a lawyer, you may have a good case here. Or if you are willing to do the research and legwork yourself -- but, if you've already been served, time is of the essence.
Change my name and move to Mexico? Remember not to drink the water...