Legal Question in Business Law in California

A business Facebook page was taken down by someone under trademark violations who did not have the right using my name. After more than 2 years the business owner is threatening to sue ME. He knows that Idid not do it but I feel it is just harassment Does he have a case?


Asked on 4/11/13, 3:59 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are really two strategic questions to be answered. The first is whether the business owner would file and prosecute a lawsuit. The second is whether he is likely to win and be awarded a significant sum of damages.

I'll start out by saying that I cannot give you odds on either question being answered in the affirmative without a lot more information.

Generally speaking, prosecution of a trademark suit is pretty expensive, for both plaintiff and defendant, and to some extent whether you win or lose. Nothing in your question raises the likelihood that this business owner has suffered or could argue that he suffered substantial losses, whether or not you were at fault. All of this suggests that you are being harassed or coerced into a settlement. Nevertheless, this is only a likely scenario, and by no means a certainty. If by chance you are sued, seek further legal advice immediately.

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Answered on 4/11/13, 6:24 pm


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