Legal Question in Intellectual Property in California

Discovery

Discovery is the phase of the litigation in which you collect information and documents to defend your case. During the discovery phase, you have the power to 1) request documents, 2) have questions answered, 3) depose parties and non-parties, etc... Proper discovery requests requires a complete understanding of the law and facts of the litigation.

Without conducting adequate discovery, you may jeopardize the defense of your case. If you have any specific questions contact me directly for a free consultation at [email protected] or (619) 522-6760.

Re: Definition of ''Doctrine of Laches''

You say you can't afford to hire an attorney until you absolutely need one. Be advised that you absolutely need one as soon as a lawsuit is filed against you. In California, a corporation must be represented in court by an attorney, there is no "pro per" as there would be for an individual.

The early part of a lawsuit is the most critical and you may waive important rights if you don't act quickly. "Laches" means you have waited too long to exercise your rights and have therefore waived them. It is a boilerplate statement that most litigators throw in, along with other boilerplate elements, and may or may not actually apply.

You should hire an attorney who is experienced with trademark litigation. It is a specialized area of law and needs specialized knowledge.

Re: Definition of ''Doctrine of Laches''

The doctrine of laches is usually raised as a defense that the other party has waited too long to enforce their rights and therefore such rights have been waived. The rationale behind the doctrine of laches is that because the complaining party has "sat on his hands" when he should have acted, the defending party has grown fat, dumb and happy and thus has a reliable expectation of getting away with his misdeeds.

That Plaintiff's inaction is fatal to his case.

When the doctrine of laches is raised, it is usually accompanied by a claim that that the complainants rights have been waived by a statute of limitations. When there is no statute that requires swift action, it is rarely successful as more than just a eloquently worded smokescreen.

One example of laches - is how this BBS takes nearly two months to post your questionm, and during such time valuable rights may have been lost.

Your discovery period is EXTREMELY important. This means that during a typical modern, "fast-track" case, the court expects the case to be concluded (through trial) within one year.

As such, the parties must ask each other written questions (interrogatories, requests for admissions,); to inspect any documents or items; and to meet to take the recorded depositions (questions and answers of a party or witness) as may be required to establish the facts and elements of their case, within reasonable time periods (usually about 180 days) or to otherwise justify good cause for the delay.

Discovery is probably the singlemost important part of any trademark case. It is when the facts are investigated and considered and when witnesses are tested. Trying a case without discovery will always fail.

You cannot underestimate the COST and potential dangers of proceeding without a lawyer. A poor corporation without a lawyer is always going to get poorer. Can you afford to lose the case; risk an award of damages and/or attorneys fees against you on a cross-complaint, counterclaim or request for sanctions? Moreover, in the State of California, a corporation cannot represent itself in court and must be represented by an attorney.

For more information- visit our websites: www.BrandXperts.com; www.namesavers.net and/or www.copyrightpros.com

Good luck!