Legal Question in Civil Litigation in Oklahoma
alternitives for civil suit
i have received a petition of complaint from a business owner who says i am using a portion of his business name and that it is in violation of the FTC deceptive trade practices act. he says that his business has been damaged even though they are not the same kinds of businesses... to the tune of $30,000. should he have contacted me prior to filing this suit to ask for other options.
1 Answer from Attorneys
Re: alternitives for civil suit
He was not required to contact you before filing the petition. I assume the petition includes a plea for an injunction against your continuing use of the business name? You will need to have an answer timely filed or risk default judgment. Further, the fact the businesses are not in the same line or industry is not necessarily a defense, and you may want to press hard for justification of his $30k damage figure and try to argue it's not only without merit, but inflated.
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