Filing A Federal Lawsuit - Cause of Action

Tabberone Logo
Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!

"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

Last updated March 14, 2009

Causes of Action

Concise paragraphs stating what they have done and what laws they've violated.
These statements are the ones we used when we sued Chalk & Vermilion Fine Arts & Sevenarts:

COUNT ONE:
DECLARATORY JUDGMENT ннн- COPYRIGHT
(17 U.S.C. 101 et seq.)
1. Plaintiffs repeat and re-allege paragraphs 1 though 34 as if fully set forth in this Paragraph.
2. There is a real and actual controversy between Plaintiffs and Defendants regarding whether Plaintiffs' actions constitute copyright infringement. Defendants have placed the at-home eBay auction business of the Plaintiffs in jeopardy and have threatened Plaintiffs with legal action.
3. Plaintiffs seek a declaratory judgment and injunctive relief pursuant to 28 U.S.C. з 2201 - that selling fabric containing the above mentioned images of Betty Boop is not an infringement of copyright as the images are fair use and therefore protected use by Shamash & Sons and the Plaintiffs and others.
Etc, etc, etc.
This is an exmple only. You will have to provide the wording that applies to your situation. Do not copy and use as you will be wrong.

Here you are attaching the specific acts of the defendants to specific statutes. Some of your claims may include state laws. They get entered here as well.

There are plenty of examples on the internet. Find them, read them, and use what you like.

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.

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22