Legal Question in Intellectual Property in California
Trademark infringement
Can a service mark infringement case be filed in a California small claims court?
My intention is not to recover damages but to stop what I believe is unauthorized use of my federally registered service mark.
2 Answers from Attorneys
Re: Trademark infringement
No. I have been a small claims judge for many years and the jurisdiction is limited to money damages. Superior court would be the place to go for an injunction and money damages. Let me know if have any questions.
Re: Trademark infringement
If you are filing a federal trademark claim, you will need to do so in U.S. District Court, not in California Superior Court. If your claim is made under California trademark law (which is separate from federal trademark law), you may file in California courts.
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