trademark fraud?

Posted by . updated on 11/11/2009
I am the defendant in a trademark infrigement  law suit.
To make the story short. I was a distributor for a door screen company that supplied me with screens to sell .After 18 months I made and sold my own screens  After i quit using the supplier/plaintiffs screens he filed for a trademark and received USPTO registation for the screen name.
He then immediately filed an trademark infridgement suit against me .
When I was served with summons attached was a signed  avadavit from the plaintiff stating he used the trademark since year  June 2005.After checking
his application to USPTO we discovered his declared date of first use of the trademark was  stated as July 2004. I beleive you can not summit fraud statements to The USPTO or court .What type of motion can we summit to the court to end this lawsuit
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Answers (1)
 
JSonnabend
Your inquiry is largely besides the point.  The question is largely whether or not you've infringed the mark, not whether the registrant has the right date of first use (although that point is not entirely irrelevant).

Unfortunately, lawsuits are a fact of business life.  You'd be foolish, to be blunt, to attempt to handle this matter yourself.  My advice is to get a lawyer on the matter immediately.  You very well may be able to dispose of the suit without going all the way to trial.

- Jeff
 

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