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I was sued in federal court for trademark infringement for the website i have taken out, is this case civil or criminal?

Los Angeles, CA |

is this purely civil or criminal case for trademark infringement case?

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Attorney answers 7

Posted

Most trademark infringement cases are civil, but some trademark cases are criminal. Have you been served yet with the complaint? Have you been asked to waive service of process? Or did someone simply inform you that a lawsuit had been filed in federal court against you? In any event, you should consult with a trademark attorney about your case.

This answer is for informational purposes only. It is not intended as specific legal advice regarding your question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship.

Asker

Posted

but Andrew said if you are not arrested, then the case is civil right?

Asker

Posted

yes i have an attorney

James Juo

James Juo

Posted

That is generally true, but you should have an attorney review the paperwork (including the complaint) as soon as possible to better understand and evaluate the situation.

Bruce E. Burdick

Bruce E. Burdick

Posted

If you have an attorney, that is who you contact and we cannot advise you further except to see that attorney, unless you are asking for a second opinion.

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

Whatever you did to trigger the trademark infringement lawsuit CAN ALSO be a criminal wrong as well. If, for example, you set up a website used as a mechanism to sell counterfeit products then that is a criminal wrong for which you can be arrested and prosecuted. So DO NOT do say anything to the attorneys who filed suit against you because they could refer this matter to the police and pass on all of the information that you disclosed in order to settle the civil suit. In short, if you don't handle the civil suit correctly you could also have to deal with a criminal suit as well.

Bruce E. Burdick

Bruce E. Burdick

Posted

Good additional point, Daniel.

Posted

If you we're not arrested, then it is civil, and you have 21 days to answer the complaint.

www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.

Posted

Most likely civil unless the plaintiff is the Government, in which case you would have been arrested if it was criminal. If the plaintiff is an individual or a business, it's civil. Were you served or did you waive service? Your response time differs depending on which. http://www.law.cornell.edu/rules/frcp/rule_12 At any rate, see a trademark litigation attorney promptly, as if served you have a limited time for reply, usually 21 days and there are various ways to respond, depending on whether you contest jurisdiction or challenge the sufficiency of the pleadings or will just answer the complaint. You might review the FRCP briefly, but Federal case responses will generally require a litigator admitted to the Federal Court in which you are sued . Do not do a response on your own without first seeing a litigator.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

Asker

Posted

Yes I've been served just today and I'm negotiating with lawyers but will finalize ASAP . Yes I just need some opinions just for my emotional security . Thanks to all of you

Asker

Posted

Bruce thanks your response has been very helpful

Bruce E. Burdick

Bruce E. Burdick

Posted

You said you are "negotiating with lawyers". Don't negotiate with any lawyers other than your own in a copyright infringement case. That could be a mistake that gets you locked up.

Posted

In all likelihood, this is a civil matter since you make no mention of having been arrested. If the Plaintiff is another person or is a business, then in all likelihood it is a civil matter. To be absolutely sure, look at the causes of action listed on the Complaint and see if they are based upon civil rather than criminal codes/law.

Best of luck.

Posted

If it was criminal, you would know. You would have had an initial appearance with a magistrate. Most likely it is civil. You need a qualified intellectual property attorney. If you don't respond to the suit, a default judgment may be entered against you.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. This answer is provided for informational purposes only. This answer does not constitute legal advice and it does not create an attorney/client relationship. More importantly, the information contained in this answer should not be relied on. You should consult an attorney who practices in the relevant area of the relevant jurisdiction.

Posted

Go see a trademark attorney as soon as possible. Take copies of any of the documents in your possession. As the other answers indicate, you have a limited time to act.

My responses to questions on Avvo are for informational purposes only and are never intended as legal advice. Please consult with an attorney in your jurisdiction.

Posted

Who filed the complaint against you? Was it a person/business entity or the state?

Asker

Posted

business entity

A. Jase Allen

A. Jase Allen

Posted

Sounds like a civil matter then.

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