Now I'm confused…
I think you think I have been dismissed and that now I'm worried about them digging something else up. The original suit WAS NOT commenced within the SOL if the SOL is the same for Trademark as it is for Copyright. (I will explain in a minute.) I have not been dismissed. I was successful in getting the default removed, and at getting Barney's ATTY to finally stop treating me as if I were responsible for that other business owned by the lady I bought my business from. I then, demanded to be served properly with a complaint stating just what it was they were accusing me of. Soon after, I was served in person by an agent at the school where I teach. When I read the complaint, everything against me was based on an alleged phone call to me at the business I used to run. THIS phone investigation would have been within the SOL. The declaration of the phone investigator gave specifics such as the date and phone number called and name of person she spoke with. My business, and that phone line had been shut down for over 6 months prior to the date of this alleged phone investigation. I subpoenaed the phone co for records, proving their alleged phone call to me was a lie. I included these documents along with my response to his re-issued summons and complaint. I, then, threatened the lawyer that I would file sanctions against him for fraud if he did not have me dismissed immediately. Rather than dismiss me, he amended his complaint, leaving out most of the more blatant fraud I had mentioned. BUT, he now is basing his allegation on another supposed phone investigation that took place OVER three years prior to the commencement of this suit. (Feb 16, 1995 was the date of the alleged infringement investigation he is now basing his amended complaint on. This suit commenced March 3, 1998. That is over 3 years.) SO...that (hopefully) clears me for the alleged copyright stuff, but I noticed that the "Nature of Suit" is 840, Cause: 15:1114 Trademark Infringement. If the SOL for trademark infringement is the same as for copyright infringement, would that not indicate that according to this new complaint, the plaintiff does not have a case? (Again!)
I can defend this new allegation, but I'd rather not have to if I can just get dismissed.
If I were to go to a law library, what book would I find the SOL for trademark infringement in?
Or, if you would be so kind as to state it here, that would be really appreciated!!!
Thanks Again!
(By the way, in this newly amended complaint, he STILL has declared that I am a resident of a county I no longer live in. I'm starting to feel sorry for this guy for being so dumb. Does this in any way invalidate it?)
