Pleading a Claim

No matter what cause of action you intend to plead it is essential to provide more than just an accusation. Facts must be provided which establish an alleged plausible claim for relief. There are many forms of infringement that can be pleaded such as infringement of a federally registered mark, violation of the Lanham Act, false advertising, common-law infringement, unfair competition, dilution, misappropriation, and deceptive trade practices. It is important to note that even unregistered marks have certain rights. This can apply to trade dress including packages, design, and color. Likelihood of confusion and misrepresentation can com come into play for unregistered marks. Also remember that false advertising does not just apply to what you say about your own product, but also what you say about your competitor’s products. There are other causes of action as well such as violation of right of publicity or privacy, interference of business relations or prospective economic advantage, defamation, breach of contract, and disparagement. Many of these causes of action can, and usually do, overlap with each other. When pleading a claim be aware of all the facts and be sure of exactly what you are pleading and wish to obtain.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.