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I am being sued for trademark infringement. The original complaint, filed March 3 1998 was full of lies about me. I have managed to get most of the lies removed, resulting in an amended complaint filed June 29, 2000. The amended complaint is based on something I allegedly did on February 16, 1995. There is a stretch of over 3 years from the alleged infringement I am being tried for and the date this suit was commenced, March 3, 1998.

Can I still be tried for this? The Statute of Limitations for copyright infringement says It is too late to sue me. Is the SOL for trademark infringement the same--3 Years?

Thanks for your help.


Senior Member
Several questions first:
1) You say that you received a complaint dated 3 March 1998, but that it exceeded three years from the alledged violation. However, you apparently responded to the suit in your statement that you got 'most of the lies removed'. If you answered or accepted the first suit, and didn't raise the issue of time then, you probably can't raise it now.
2) The alledged infringment time clock does not start at the time of infringement, but at the time of complaint of infringement. For example, you can't violate a trademark for 5 years, then claim expiration of limitation when you receive a complaint.

Based on the above opinions, looks like the judge will be hearing your version.

Steve Halket
Judgment Recovery of Houston
[email protected]
This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!


I was never given a pre-litigation complaint. That is another subject I will deal with only if I cannot otherwise get this suit dropped. When I refer to complaint, I mean the official complaint and summons that is filed in order to actually begin or commence a lawsuit. For more information, you might look for my past threads posted here.

The date the original complaint was entered, as in the date this lawsuit began (commenced by filing complaint and summons) was March 3, 1998. In the original complaint, everything against me relied upon lies. I was able to supply enough evidence to the court to prove they had lied in order to make up something to sue me for. SO, in reply to my having done that, they re-wrote their original complaint, creating a "first amended complaint" against me. The basis for this amended complaint relies on false allegations again, but these lies are accusations of things I did on Feb 26, 1995. If the statute of limitations for trademark infringement says that 3 years is too long to wait to prosecute, then I don't need to waste time defending my actions of 2-26-95. I can simply tell the judge that the action is time barred.

All I want to know is: "What is the Statute of Limitations for trademark infringement!?"

If someone can tell me the book I need to look into for the answer, I will gladly trot my own butt down to the Library and look it up myself!

I have searched and searched the internet, but can not find the answer and don't know where to look.


I forgot to answer this part:
The first complaint filed March 3, 1998 did not accuse me of anything that would have been outside the Statute of Limitations. (Providing it is 3 years--THAT I still don't know and is my primary question!) It did accuse me of infringent business practice confirmed by phone investigation at a time 6 months after I no longer had a business or the phone number they claimed to have called! That was one of the lies they had to take out of the original complaint.

It is the amended complaint that refers to things over three years prior to commencement of this suit.

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