Legal Question in Intellectual Property in California

Repost due to errors:How does the long arm statute in Colorado work? I live in California and a filing of a lawsuit was made on me in the Colorado district court by a person who is affected by my registration of the mark who also has a cancellation proceeding before the Board at TTAB. However how can that long arm include a fraud finding when the fraud pleading on the procurement of a trademark is bogus and pleaded wrongly anyway as the TTAB already noted and the fact that as a trademark owner I am to police my mark and there was a Facebook takedown due to my registration of the term? Since the case noted here http://blog.ericgoldman.org/archives/2012/08/no_liability_fo_1.htm states that there is no liability for the facebook takedown or tortious interference with a business expectancy how can I be subject to the court of Colorado when I am a California resident if no tort wa committed? If I am subject to the Colorado court (which I doubt) then I need to find a good attorney who will help me with this who is licensed in Colorado.


Asked on 4/13/13, 1:55 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

You will need to address the lawsuit, regardless of anything else. If the long-arm statute does not apply, that fact will need to be pleaded and proven to the Colorado court. If it does apply for some reason, then you are indeed subject to jurisdiction there. Ignoring the lawsuit is a high-risk strategy.

If you are a California resident, you can find a California lawyer who will research the long-arm statute, and perhaps write a letter to the plaintiff to have the action dismissed. You will need to hire someone who is a member of the Colorado bar (Note: an out-of-state lawyer can become a member of the federal bar in Colorado without being a member of the Colorado State Bar).

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Answered on 4/13/13, 2:05 am


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