SueEasy is a website of the law firm LegalForce RAPC Worldwide, P.C. helping businesses litigate their patent, trademark, and copyright disputes. Unlike traditional law firms, the SueEasy website offers fixed fees for different stages of litigation, so the investment you make in resolving your dispute is predictable. Before anything is actually filed with the court, we evaluate your facts, organize them, and consult with you to provide you with legal advice on whether you have a good case, the appropriateness of alternative dispute resolution options, and what ultimately your goals are in litigating against a potential defendant. Like all law firms, we uphold our ethical responsibility by doing a full conflict check prior to taking on any representation to ensure that we do not have any conflicts in representing you.
The first option for $1599, SueEasy connects you with an experienced litigator. The attorney evaluates what admissible facts you have that can support any legal claims you want to make after a successful conflict check. We might ask you to provide us with supporting facts and evidence, so that we can evaluate your chances of success and determine if you have enough facts to support a legal claim in court. We will provide you with a template for your complaint, as well as a litigation strategy summary of your case.
The second option for $4950 + court fees., includes everything from option one and we will draft and file the complaint on your behalf in the appropriate court. You will then have the option to retain our firm for a more expanded engagement to represent you in federal court across different stages of the litigation.
To initiate a trademark litigation, you need to prepare and file a document called a “Complaint” with the appropriate federal court. Generally, the appropriate federal court is the federal district court closest to where the defendant resides. The Complaint includes a description of all parties to the lawsuit, some background information about the nature of the lawsuit, a statement of facts, a set of legal claims made against the defendant based on law, and a prayer for damages. SueEasy can help you prepare this Complaint.
Each court has its own procedures on what they want to see in terms of font size, spacing, format, and timelines in a Complaint. Attorneys at SueEasy will help you determine the appropriate court and research the necessary formatting/procedural guidelines. Once your case is filed, the court will issue a summons that you need to have personally delivered to the defendant by a person who is not a party. This person will provide a declaration/affidavit of service, which you will record with the federal court. After that time, the defendant will have 21 days to answer your complaint or file a motion to dismiss for it.
If you believe someone is infringing your patent, the first thing you need to do is to establish an infringement position by creating an “infringement chart”. You can do this yourself using Google Sheets or Excel, but it is usually advisable to hire a licensed patent attorney to assist you. This chart is a mapping of each element of the issued independent claims of your patent against the appropriate definition intrinsically described in your patent, mapped against the publicly available evidence you can observe that demonstrates that the defendant is practicing each element of the claims of your issued patent. The last column can be a strength field, which can be colored red, orange, yellow, or green based on the strength of the evidence you find for infringement. SueEasy can help you put together these infringement charts through our first phase option for $1599.
Litigating trademark rights in the United States do not require that you have a registered trademark. The reason for this is the United States recognizes “common law rights” which are rights based on use in commerce independent of trademark registration. However, you must have priority of use, meaning that you have clear facts showing you used your brand first. This can sometimes be tricky. SueEasy can help you evaluate through our first phase option for $1599.
You generally need to have ALL your ducks in order before bringing a lawsuit. Otherwise, it can backfire and cost you lost time, attorney’s fees, and potentially lead to counterclaims. In order to get your evidence organized so that later it cannot be challenged. Here are some more specific tips:
Alternatives to litigation in federal court include mediation and arbitration. Mediation is an informal process in which you and the defendant agree to hire a retired judge or someone you both trust to help both parties sit in a room and work out differences civilly (without getting into a shouting match or fist fight!). Mediation can help both sides air their emotions and arrive at a resolution that works for all. Arbitration is similar to mediation, but it is binding on the parties. When an arbitrator issues an award, it generally has the same force of law as if a judge decided. Unlike mediation where the mediator cannot decide anything and instead merely help the parties arrive at a resolution on their own, an arbitrator is like a “private judge” who does decide a case. The rules of what can be admissible evidence are generally loser in arbitration than in litigation, which is sometimes a benefit. SueEasy can help you evaluate potential mediation or arbitration options through our first phase option for $1599