What is the name of your state (only U.S. law)? Texas
I'd like to know the process (what an attorney will do) to stop someone from violating a trademark. Everything from mailing them a C&D letter to actually going to court. I want to be educated.
Please do not tell m to contact an attorney, that it not what I'm asking. Thanks.
I am not a lawyer, nor did I sleep in a Holiday Inn Express last night (I don't know how Ron can afford that every night).
Here are some expected steps:
#1) Cash retainer check
#2) intake interview - get the facts from you
#3) Assign research and investigation to junior associate (JA) in order to comply with Rule 11 of the Federal Rules of Civil Procedure
#4) JA reads statute and locates similar cases.
#5) JA prepares memo describing likely outcome
#6) Partners review memo and decide if they will take case
#6a) If not taking case, refund remaining funds from retainer
Note: If Ron is correct that you don't have a valid trademark, this is where the attorney's involvement ends
#7) Prepare and send cease and desist letter
#8) File Complaint with court (google trademark complaint for example) for injunction and damages
#8a) Complaint will likely contain demand for jury trial on triable issues (damages)
#8b) Complaint will request attorney fees
#9) Defendant files answer, alleging Rule 11 violation, and seeking dismissal under Rule 12(b)(6)
<insert defendant filing counter-claim here>
#10) Both Plaintiff and Defendant move for Summary Judgment
<insert hearing for preliminary injunction here>
#11) Discovery begins
#12) Negotiations for settlement begin
#13) Trial begins
#14) Both Plaintiff and Defendant move for Judgment as a matter of law
#15) Jury decides on damages
#16) Judge decides on injunction
losing party begins bankruptcy proceedings
