Legal Question in Juvenile Dependency in California

I'm about to be sued for what the attorney calls damages and attorneys fees. I was telephoned by the attorney who told me this. Then I got an email from the attorney saying the client RESERVES the right to sue me. The name for the business I have chosen has never been servicemarked or had a fictitious business name but did operate for a number of years before selling to a big company who stopped using the name for over 3 years. I have obtained a domain name, fictitious business name and applied for a servicemark, which was available. If they did nothing to protect the name, am I on solid ground? Because of the possibility of a suit, I have not yet used the name in business. So, if they sue me now, what woukd their damages be based on? Can I be liable for their attorney fees? Can I simply respond to their suit without a lawyer and see what the judge says? I understand that once a lawyer is involved on my behalf, if the other side wants to drown me in legal fees, thay can come up with all kinds of tactics to break me.


Asked on 5/16/11, 10:54 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You might want to repost this to the "civil litigation" or "intellectual property" topics to get a response from attorneys who have knowledge in these areas.

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Answered on 5/16/11, 12:26 pm


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