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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
