Forums: Discussions for entrepreneurs and small business.

A new case hightlights what can happen when a big company wants to get a temporary restraining order against a little guy selling hats and t-shirts at an air show.  One tactic is to seek what is called a TRO "temporary restraining order."  This can sometimes be done without even giving the little guy an opportunity to be heard before the order is given.  Let me know if you would like a copy of the case. 

RENO AIR RACING ASS’N v. MCCORD

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

james,

this kind of information is great! it would probably be of greatest utility to our community members if you provided a brief synopsis of the case and what the ramifications might be to inventors.

you`d be doing us a great service to keep us abreast of trends and changes in the way we protect our great ideas!

rich

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Rich Sloan , Co-Founder, Chief Startupologist, StartupNation

thanks.  actually, i thought that is what i did.  I am mindful to also keep things short and not let anybody think they are getting "legal advice."  thanks.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

james,

does the case prove out how TROs can be thrown at you? it was unclear. and if so, are there certain things we can do avoid that from happening?

rich

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Rich Sloan , Co-Founder, Chief Startupologist, StartupNation

Thanks for the opportunity to clarify this.  One thing the case showed is that the little guy had a problem finding an attorney to represent him because the big guy had hired them all ahead of time! 

1. One thought might be to hire and form a relationship with an attorney before you need one.  Easy to say, maybe tough to do.  The big guys love to do this - hire all the attorneys so they can`t work for the little guy.
2. Another thought might be to know your competitor and take seriously when they send you a cease and desist letter.  DON`T IGNORE THOSE.  Sometimes, the next thing you receive is an order from a court telling you to stop selling your goods/services.
3. A third thought might be to look carefully [or have your attorney look carefully] at what the temporary restraining order [TRO] says you can`t do. 
4. One bit of saving grace was that this little guy was eventually found not guilty of contempt of court because the TRO was not very specific about what he could not do - and thus he could not have been intentionally disobeying the court.
5. Another unrelated lesson was that the little guy was legally prohibited from having one of his witnesses testify because he did not notify the court of the witnesses - and the big guy claimed to have been prejudiced by the "surprise" witness.  Lesson: follow the Court`s deadlines.

Hope this helps.  It was a long opinion - lots in it.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

helps a lot. really excellent. i`d rate you a 5 twice if that were possible!

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Rich Sloan , Co-Founder, Chief Startupologist, StartupNation

High 5. That was excellent advice and insight!

Where should we go to "make friends" with lawyers? Do they hang out in the laywer lounge like I do in the entrepreneur lounge? Ok, that was just a little jab. Really though. Where or how do we make laywers friends?


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Vincent Wilcox (a.k.a. KRAKR)
Drummer
My band: Letters Make Words

the "free" places would be:

1.  chambers of commerce

2.  trade groups

It`s kind of a tough one, because what you really need it a relationship with an attorney that "locks him up" and keeps him from representing your opponent.  That is usually going to require either a very good friendship or some type of paid engagement.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com