North Carolina Settlement Agreement Tradename
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FAQ
In trademark litigation, the three main claims are trademark infringement, unfair competition and trademark dilution.
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.
How to Stop a Trademark Infringer Step 1: Send a cease-and-desist letter. Sending a cease and desist letter is often the first step in notifying the infringer of the situation and letting them know you are aware of your rights in your trademark. ... Step 2: Report the infringement to the USPTO. ... Step 3: Filing a lawsuit.
However, in most cases, the trademark owner, as plaintiff, will choose federal court. Even when a plaintiff chooses state court, it may be possible for the defendant to have the case "removed" to federal court.
With regard to federal declaratory judgment suits pertaining to the infringement of a trademark, venue is proper in ?a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred . . . .? 28 U.S.C. 1391(b); Spiegelberg v.
Federal courts have original jurisdiction over federal trademark disputes. However, state courts also have jurisdiction over federal trademark disputes. Trademark disputes alleging violations of state law can be heard in state court in every instance and in federal courts in only some instances.
