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LAWYER: Based on what you’ve told me so far, it sounds like your competitor is infringingyour trademark.
CLIENT: Exactly. And the potential damage to my business is tremendous. Besides the usual threatening letters, what legal action can we take?
LAWYER: Well, there are several things we can do. First, we can file an action in the district court and move for an injunction against your competitor. We need to show the probability of irreparable harm to your business. If this outweighs the probable harm to their business while the case is pending, we can get a temporary injunction. This injunction will prevent them from using the trademark, on pain of fine.
CLIENT: I’m sure they’ll challenge that. They won’t confess to the claim.
LAWYER: Right. Actually, ‘confess’ is used in criminal cases. In civil cases we say ‘admit the claim’.
CLIENT: Of course, a slip of the tongue.
LAWYER: We’ll also be seeking declaratory relief and damages for any and all compensable losses you’ve suffered.
CLIENT: I know what damages are, but what’s declaratory relief?
LAWYER: It’s a declaration by the court that you are the rightful owner of the trademark. As for damages, if we’re going to be able to recover your losses we’ll first have to prove them. I’d like one of my associates to meet with your people to start gathering evidence.
CLIENT: That’s fine – as soon as possible.
LAWYER: What do you think the chances are of settling with your competitor?
CLIENT: Poor. It’s a very bitter feud.
