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Last updated March 14, 2009

Source: http://www.splcenter.org/pdf/static/pyhs_chapter_10.pdf

Standing

All you really need to be a plaintiff in federal court is standing. Standing requires that you have (1) an actual or threatened injury or harm (2) that is “fairly traceable” to the conduct of the defendants you are suing and (3) that can be remedied by the court. The purpose of standing is to make sure that every case in federal court involves an ongoing controversy. People may not file federal lawsuits simply to express their general displeasure with the conduct of others.

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.

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