Info Litigation

Anna Karenina and Complex Litigation

“All happy families are alike; each unhappy family is unhappy in its own way.” -Leo Tolstoy

BMNW v. Lerner

Happy families share a lot of common characteristics.  But, there are a lot of things which can make a family an unhappy one.  Any number of things can uniquely go wrong to disrupt the harmonious balance of elements required for happiness.

Lawsuits work the same way.  A lot of things have to go *perfectly* to be able to successfully litigate.  If any of these things don’t land just right, it can derail an otherwise perfectly crafted plan.  The ones that are successful tend to share significant common features, but you can stumble into a multitude of traps.  There are nowhere near as many ways to succeed as there are to fail.

For instance, take this notice.  I noticed a couple of silly errors in the complaint – like States being auto-corrected to Stated in the caption – but, otherwise it’s pretty well-written.  There was one omission though, which led the court to do this.

Forms Omitted

and them to have to do this:

Report of Filing Action Trademark

Just getting a lawsuit off the ground can be a real challenge.  You need to be expecting procedural hurdles like this.  The attorney filed the corrective action the day after the notice was put out, which is exactly right.  Needing to notify the USPTO that there is an action pending which relates to the underlying intellectual property is just another box to tick perhaps, but if that box isn’t ticked you can’t proceed.

Why do they require in person filing though?

Do you have a question about your firm’s trademark(s)?