Filing A Federal Lawsuit

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

Last updated March 14, 2009

Conclusion

Concise statement about what you would like the court to do.
These statements are the ones we used when we sued Chalk & Vermilion Fine Arts & Sevenarts:

CONCLUSION
WHEREFORE, Plaintiffs Karen Dudnikov and Michael Meadors request that this Court enter judgment as follows:
1. A declaratory judgment, holding that:
a) Selling the Betty Boop fabrics as described above is not an infringement of copyright;
b) Displaying photographs of the fabrics as described above in connection with their sale is not an infringement of copyright rights.
2. An order restraining Defendants, their agents, servants, employees, successors, and assigns, and all others in concert and privity with them, from bringing any lawsuit or threat against Plaintiffs or any other person or entity for copyright infringement in connection with the manufacturing, marketing, and sale of the Betty Boop fabrics as described above;
3. An order restraining Defendants, their agents, servants, employees, successors, and assigns, and all others in concert and privity with them, from representing to any third party that the manufacturing, marketing, and sale of the Betty Boop fabrics as described above constitutes copyright;
4. An order restraining Defendants, their agents, servants, employees, successors, and assigns, and all others in concert and privity with them, from interfering with eBay auctions, or other internet auctions, that offer for sale the Betty Boop fabrics as described above, as being infringing of their intellectual property rights;
5. Such other and further relief as the Court shall find just and proper.
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.

Ask for what you want. You may not get it but it doesn't hurt to ask. Be reasonable. If the other side contacts you to settle, you can point to this paragraph as your demands. Be prepared to negotiate away those of lessor importance to get what is important.

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
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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