Overland Park, KS asked in Trademark for Kansas

Q: What assets have to be surrendered if you have a trademark infringement against you personally in federal court?

If you have LLC'd your company can a federal court take your personal assets?

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1 Lawyer Answer

John Martin Hilla

Answered
  • Trademarks Lawyer
  • Farmington Hills, MI

A: This is too broad a question to be answered without specific details.

A short and generalized response is that, first, it isn't the "federal court" that would take your assets but your judgment creditor and only by way of execution of their judgment via a replevin action under applicable state law, once that federal judgment is domesticated. Your personal, non-LLC assets could be at risk if the creditor can successfully "pierce the corporate veil," but, otherwise, only the LLC assets are typically at risk. Second, it really depends on what sort of "judgment" you have ... Is it a money judgment, or is it injunctive? Both?

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