Legal Question in Intellectual Property in Florida
trademark infringement
how do i as an individual file infringement charges in my local court?person is using exact name of our club which is registered,he has been warned but will not turn over website.
4 Answers from Attorneys
Re: trademark infringement
You really need an attorney for a trademark infringement suit. And for turning over a website its not a lawsuit, its usally an arbtitration pursuant to the domain name dispute resolution policy. If you would like to call for a consultation please feel free to call
Re: trademark infringement
The first question is whether the name of your club has established trademark rights (or is a registered trademark), and exactly how this other individual is using this mark.
You should have a trademark attorney evaluate your situation for you to give you a professional opinion of what your options are. Please feel free to contact my office if you'd like additional info.
Re: trademark infringement
Violation of Federal trademarks has to be brought in Federal Court. Violation of State trademarks and some unfair competition can be brought in State courts. Either case involves civil litigation not criminal charges. Where the infringer is located may determine where a lawsuit is filed, rather than where you live. It is not easy to handle a lawsuit on your own but if that is your decision, I suggest some serious research at your local law library. I note by your zip code that you are in Oldsmar. I am in Clearwater on Sunset Point Road. If you go it alone, good luck and get them.
Re: trademark infringement
It is extremely difficult for an individual to file a trademark infringement action on their own. A claim must be filed in the correct Federal District Court. It is an extremely complicated area of the law and very, very few attorneys will handle an infringement case on a contingence fee dasis. I do handle trademary cases on a contingency fee, so if you would like to explore the matter please visit our web site, where you can obtain a free evaluation or just give me a call.