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Need pro-se help near Chicago to reply to a recently recieved frivolous Summons of trademark infringement from Company in NY.

Asked almost 3 years ago - Chicago, IL

I am a stay at home mom in IL with no connection to New York and never had any contact with this Company.

She is an ex client of my brother. He owns and runs his seperate business with no connection with me at all. She claims I infringed on her trademark but gives no proof.

She has not served any notice to the main defaulting Company in the summons or my brother at all.

All her compaints mentioned are against them only. I wish to reply pro -se and request dismissal.

In reality she owes them money and was made to pay them the last bill by legal notice.

Can I find someone to help me answer pro-se near Chicago and request dismissal as I am no party to all this. I have two small children dependent on me.

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Attorney answers (3)

Laura Mcfarland-Taylor

Reputation Level 18

Answered almost 3 years ago. Trademark Application Attorney in Bolingbrook, IL.

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Were you served with an actual complaint, filed in a court of law, or is this merely a letter from her accusing you of trademark infringement?

If you have been served with an actual complaint you will need to hire an attorney. This is not something you should try and handle on your own.

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Erik Glen Swanson

Reputation Level 15

Answered almost 3 years ago. Litigation Lawyer in Skokie, IL.

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I agree with Ms. McFarland-Taylor, if you've been served with a Complaint, you have to hire an attorney to defend you - if you have a meritorous defense, as you claim, an attorney may be able to take agressive action to defeat the lawsuit against you. If you try to represent yourself, you may well miss defenses and lose because you don't know the right motions and arguments to make.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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Alan James Brinkmeier

Reputation Level 20

Answered almost 3 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Representing yourself in such a situation is risky because of the intricate nature of the applicable law. While it appears to you there is an easy answer, as Mr. Swanson points out you may well miss something and lose. I also agree with Ms. Mcfarland-Taylor that the necessary arguments you might make depend on whether this is simply a demand letter, or whether you have been served legal process in a lawsuit as a party defendant.

Legal research and fact investigation is necessary. Contact a good lawyer and create an attorney-client relationship so all further communications are privileged between you and he or she.

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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