Poquoson, VA asked in Intellectual Property for Virginia

Q: How do I get a preliminary injunction?

I have the state and federal trademark for my event name. Last year two parties started doing the same one and using a big part of my name. I paid an attorney; who is not a trademark lawyer, to send a cease & desist letter but it was after their event had already passed. She said they never reached back out to her. Fast forward to this year and 2 weeks before their event they have posted the event again and still calling it the same name. I can't find an attorney and when I went to the US district court in NN Va, to ask for preliminary injunction paperwork they look as if I'm crazy & said they don't do that and another person gave me a pro se handbook but online I don't see the form for the preliminary injunction. Am I suppose to ask for something else? And the event they are doing again is tomorrow so do I still do the preliminary injunction or just file for a complaint and injunction form because the event would have already passed anyway?

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1 Lawyer Answer

A: If cease and desist letters are not working, and you have tried amicably to settle with them, looks like your only option is to file a lawsuit.

In the lawsuit you can ask for an injunction. It will be based on the chances that you will win the lawsuit, so it is not a done deal.

Consult with an attorney in your area or the area where the infringer and event resides.

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