Taken to Court for Trademark Usage

I am being taken to court for tradmark infrigment. The only thing is there seeking a temporary restraining order not to use the name. Here is the situation. I filed for a business licensce and a ficticous licensec and got both of them before they trademarked the name. On the business licensce I am 10 numbers before them. Well they had a lawyer contact me on friday and wants me to go to court on monday. Since they trademarked the name i havent used it anymore. So what are my legal right here? Thanks From CALIFORNIA

Were you acually using the name first? Did you name your business after their trademark, registered or not?

They trademarked the name eight days later. This was a new business opening.

there was no trademark on this name until they trademarked after i did all the licensce stuff.

I didn't ask about when they officially registered their mark.

The questions were, who used the name first, and did you name your business after their trademark, registered or not.

I had the business name first. There was never a trade mark for this name.

The questions were, who used the name first, and did you name your business after their trademark, registered or not.

If you again choose not to provide that information, you're on your own.

I used the name First. No i did not name the business after there trademark

If you were the first to use the trademark within this particular area of trade, and your use was continuous, then you should be able to continue to use the mark even if they subsequently register it. You may also be able to contest the registration of their mark based upon your prior use. If you are no longer interested in the mark, you may be able to negotiate the dismissal of their suit upon that agreement. It would be helpful to consult a lawyer.

Assuming this is in federal court, you should review the applicable law.

Are they supposed to notify me with more advance notice to go to court than 1 day? They called me friday at 9:30 and told me I had to go to court on mondy.

I know nothing about the court proceeding or the type of motion. If you wish you can try to get the court to adjourn the proceedings on Monday, by indicating that due to lack of notice you have not had time to consult a lawyer. Or you can try to get a lawyer on Monday morning.

Im pretty sure there going to court on monday to get a restraining order for me to stop using the name.

The odds are that they are seeking a restraining order. If you read the papers they served upon you, you should be able to find out for certain what they are requesting.

I have never even been served papers. He said he was shipping them overnight and should have been here today but the never came.But when the lawyer called me he said they were going for a temporary restraining order

If you were the first person to use it, and you registered your buisness material before they had the trademark - you should own the name, trademark or not.

I would ask for a dismissal to consult with an attorney, before any actions happen. However, I would try and call an attorney if there are any avalible for the weekend simply to consult with him and get his opinion on the matter.

went to court today and the judge couldnt believe they never served me with papers. I tried to ghet it dissmissed but i have to go back tuesday.

Prior art?