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We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help. |
Last updated March 22, 2009 Defending Against A Federal Lawsuit
What to do? First, if you do business as a corporation and the issues involve your business, you must get a lawyer. Close your browser and start looking for one, now.
The party filing first often gets the home court advantage. That is, they get to litigate at a federal courthouse nearby while the other party has to travel to
another city to appear in court. This is a distinct advantage against small companies and Work At Home Mothers ("WAHM") and other individuals
who lack the deep pockets to fight these cases with an attorney.
If you have been sued, there are two main considerations. Has the case been recently filed or have you just discovered a default judgment against you?
Default Judgments
Pending Case
F.R.C.P. Rule 12(b)
Jurisdiction
General Jurisdiction
Personal Jurisdiction
Subject Matter Jurisdiction
Likewise, we have seen flimsy copyright infringement filings. Before someone can file a federal copyright law suit they must have a valid copyright registered with
the US Copyright Office. Filing for a copyright is not enough. They must have the copyright registered.
Failure To State A Claim Upon Which relief Can Be Granted
Your Amswer |
Some information was taked from Lexis Nexis and http://www.splcenter.org/pdf/static/pyhs_chapter_10.pdf. It is reproduced accurately not not always in its entirity because of its original audience. |
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