Legal Question in Intellectual Property in Oklahoma
being sued for tradename/trademark infringement...
i am being sued for tradename infringement and trademark infringement by a local business in my town. the plaintiff has been in business for one year but never filed for a tradename report from the Sec of state. and not untill the day he secured council and filed suit did he regester his trademark.
can you shed some light on the legality of his complaint....
ps... he has never filed a permit or license under the name he is sueing me for using... just s iign on his door...
2 Answers from Attorneys
Re: being sued for tradename/trademark infringement...
If you've been sued and served, you should get an attorney for this one. There are many facts you didn't state in your question, and they're likely critical for your case. As an example, the timeline of who used the tradename and trademark first, in what form, where, frequency, etc.
Re: being sued for tradename/trademark infringement...
If you have been sued and served, you need to contact an IP attorney ASAP.