Legal Question in Intellectual Property in New Jersey

''Nonexistent'' Corporation filed an injunction on me?

Here's quick run down. I sent a letter of cease and desist to a trademark infringer who is infringing on my Trademarked name. (Common law, I used the name in commerce 4 years before they did.)

They responded with an injunction stating the name is generic and for me to leave them alone, they claim I have no legal hold on the name... I responded with a lawsuit for trademark infringement.

I prefer not to give out any names, so lets just say this infringing corporation filed their injunction on me under the name of (Diamond Jims Bicycles LLC ) located in N.J.

This weekend we learned there is no such corporation registered in the state N.J, it simply does not exist. N.J. State records indicate the name has never been registered in any way shape or form.

My question is this.

Would the plaintiff still have a legal case for their injunction if their so called corporation is bogus and does not and never has existed? This corporation is nonexistent, so would this make their injunction served on me NULL & VOID?

Also, would there be penalties for a bogus corporation to do such a thing?

I hope someone has an answer for me....

thanks much!


Asked on 2/18/07, 2:45 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: ''Nonexistent'' Corporation filed an injunction on me?

Do they at least have * DBA (assumed name?)

I would want to research the claim before advising you.

Call or email.

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Answered on 2/18/07, 5:48 pm


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