Q: I have a trademarked logo, and now a judge has entered a preliminary injunction due to a suit filed by someone.
This is before seeing any information, and after this person being served a cease and desist to stop using the logo. They also never filed an opposition with the Federal Trademark commission. Even though they were given ample time to do so. There is more to this, but looking for answers to help in this. I reside in Virginia, yet Plaintiff in this case has filed in Nevada, while he lives in NJ.
I have answered the suit, this is based on a tro that was filed, in conjunction with a lawsuit. Only the logo was granted a temp stay. The actual lawsuit has not been heard.
A trademark attorney has been contacted, and has stated that an opposition needs to be filed, especially after being served a cease and desist, which the plaintiff was
A: You should speak with a trademark attorney in Nevada as soon as possible. It is possible to obtain an injunction if the defendant has not responded to a lawsuit. A trademark infringement plaintiff is not required to file an opposition to a trademark application before bringing an infringement suit. It is also possible to be sued in a jurisdiction that you and the plaintiff do not reside in, depending on the facts.
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