Trademark Infringement (lanham act). Please see question below as there isn't enough room to put it here. thanks

Asked about 1 year ago - Los Angeles, CA

I am a product manufacturer, as well as a distributor of my own products. (2 seperate companies)

Company filed suit on the 19th, after I told them that I was unwilling to negotiate any terms whatsoever.

They filed suit, but have two problems with their filings.

1. They filed against a similarly named company as mine (same name actually, but just an llc), and the company is in Pennsylvania, and obviously not me.

2. They obviously cannot serve me, as the company they are now suing will get served if anybody.

Long story why they won't be able to serve me, but nonetheless, they won't.

Is there anything they can do against my company, if in fact they never serve me?

For the sake of argument, let's say I live in the mountains.

Attorney answers (5)

  1. Michael Charles Doland

    Contributor Level 20


    Lawyers agree

    Answered . They may not "personally" serve you (the company). The plaintiff can still serve you "by publication" and you will have virtually no chance to have personal knowledge of the service. They will obtain a default judgment against you, wait six months until the default cannot be set aside and then execute against whatever assets the company may own.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Paul Nathan Tauger

    Contributor Level 2


    Lawyers agree

    Answered . If your company is not named and your company has not been served, then you are not a party to the lawsuit. Presumably, at some point, the other company will be served and will respond, by way of demurrer or motion to dismiss (you didn't indicate whether this was federal or state court and where the action was filed) stating that they are not the correct defendant. At that point, the plaintiff will either amend or refile correctly identifying your company and WILL you get served. In the interim, you should check the court's docket and see what has been filed. If, at some point, you see that your company has been named AND there is a proof of service, then you had better respond or you will be defaulted.

  3. Gary Ralph Ilmanen

    Contributor Level 19


    Lawyers agree

    Answered . Short answer... if they don't serve your company, there is nothing that they can do in court. However, as others have noted, they might serve by publication. Good luck!

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a... more
  4. Philip Leon Marcus

    Contributor Level 16


    Lawyers agree

    Answered . There is not enough factual material to begin to analyze, especially since you are intentionally shielding facts. It seems to me you actually prefer to do your own lawyering, so I am not going to recommend you hire counsel, even just to get advice.

    Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-... more
    No photo
    Posted about 1 year ago.

    Yes, I prefer to be informed.

    I joined AVVO, because it was touted as a free legal forum where people seeking advice can get general questions answered.

    I prefer to get opinions from many different attorneys before I move to hire anyone. Much cheaper that way, and as you are undoubtedly aware, most of you attorneys specialize in certain areas of law, therefore, it's very difficult for us clients to find real attorneys, with real experience, that have real expertise in certain areas of law.

    I appreciate you not recommending that I hire counsel, because this site isn't for that, this site is designed for contributors to answer general questions, and if the client likes a contributor, they can then contact them and hire them.

    I'd suggest changing your tactics if you intend on gaining clients through this service.

    It was a relatively simple question... if you'd like to take another shot at it, I will dummy it down for you.

    If they can't serve me, or serve the wrong party, there is no way for me to be liable correct?

    Michael Charles Doland
    Michael Charles Doland, Intellectual Property Law Attorney - Los Angeles, CA
    Posted about 1 year ago.


  5. Bruce E. Burdick


    Contributor Level 20


    Lawyers agree

    Answered . If they are persistent, they will recognize the mistake and sue the right company, even if it requires an investigator's assistance and a new suit. Companies are registered with the state and list an agent for service. They will serve your company and likely you (by publication if needed), and then they can collect on your company, perhaps putting into bankruptcy if they persist. Will they - dunno. Better get an attorney if your companies have any assets.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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