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


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 14, 2009

Set Up Your Computer

Don't have a computer? Get one. Don't know how to use a computer? Forget it and get a lawyer.

You will want to create a folder on your computer for your files. Call it something clever like "Legal". Then create sub-folders so you can organize papers by subject matter. Sub-folders like "Complaint", "Reply", etc. These folders will make it much easier to save and locate notes and filings.

Examples of documents are provided. These are examples only. Download the most recent documents for your use.

Search for and download a copy of the Federal Rules of Civil Procedure (in pdf format). We have a copy of these rules as of December 1, 2007 (click here) it is 166 pages. All federal courts follow these rules. But wait, there's the local rules to consider. Each district has different local rules than govern their actions. You can download these "Local Rules" in pdf format into the "Legal" folder you've created. Put them in a folder called "Rules" or such. You will need to read these rules and learn which ones apply to you and your pleadings. And then, once you've filed your complaint, there are rules individual judges want followed. We didn't say this would be easy. (Click Here to view the Colorado Local Rules to see what they look like. DO NOT use these rules. Download the most recent rules from YOUR district.) Learn the local rules as they apply to exhibits, motions, and the like.

AFTER you have filed the complaint, you will be assigned to a judge. Alomost every federal jusge has his/her own rules for many procedures. Look for the judge's rules and download them as well. (Click Here to view the Local Rules for Judge Walker D. Miller to see what they look like. DO NOT use these rules. Download the rules from YOUR judge afer he/she has been assigned.)

Download from the district court's web page the documents you will need. These forms include, but are not limited to "Waiver of Service", "Civil Cover Sheet", "Summons". For an example of the Civil Cover Sheet used in Colorado, click here. In Colorado you must submit two civil cover sheets when you file.

All filings, including the original complaint, have a court instructed header. For the general format CLICK HERE. The header will be the same for every document you file with the court. The header on your complaint will not have the case number as that is assigned after you pay and file. The case number usually will be followed by an alphanumeric designation for the judge assigned to the case followed by another alphanumeric designation for the magistrate judge assigned to the case.

All courts require double-spaced papers with font size 12 type. Most require an inch border on all sides.When you begin your typing, we suggest you use Word as it used by the great majority of computers. Begin by single spacing your complaint and then double-space it when done. Editing is easier that way, for us at least. Also make sure you "insert" page numbers in the middle of the footer and we suggest you put the paper's title in the footer as well.

Where searching the internet, try using the AltaVista search engine (www.altavista.com) instead of Google or MSN. AltaVista allows you to use exact phrases instead of just words. When you use Google, you enter trademark and infringement and Google gets matches to both or either word. In AltaVista, you can enter "trademark infringement" (in quotes as shown) and AltaVista returns only matches to the phrase "trademark infringement". Very helpful in finding specific legal references. In AltaVista you can search for +"motion for summary judgment", and +"federal court"+"fifth federal circuit", and the search will return only results containg all three of these exact phrases, where Google will only return matches to the nine words used in your search.

General
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game

Definitions

Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine   |   Derivative   |   The Digital Millennium Copyright Act
EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description   |   Registration   |   Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns   |   Patterns Index   |   Profit   |   Quilting
Selvage   |   Stanford School of Law Case Outline   |   Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

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

Federal Lawsuits
Filing A Federal Lawsuit
Setting Up | Standing. | Joinder of Parties. | The Complaint | Their Answer | Default Judgment
F.R.C.P. 12(b) Motion | F.R.C.P. 12(f) Motion | Your Reply | Summary Judgment Motion | Affidavits | Time Extension

Defending Against A Federal Lawsuit
The Complaint | Your Answer | Denials | F.R.C.P. 12(b) Motion | F.R.C.P. 12(f) Motion | Affidavits | Time Extension

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2016