I never get to use declaratory judgments very often but they do have their limits - as noted in the article.What is a “declaratory judgment”? A declaratory judgment is a judgment from a court that declares the rights of the parties in a dispute.
When would someone file an action for a declaratory judgment? Typically, a person files a declaratory judgment action when another person threatens them with litigation. In the trademark context, if Apple, for example, threatened to sue BlueAir for trademark infringement and BlueAir does not think that they are infringing Apple’s mark, then BlueAir can file a “dec action” in federal court to have the court determine who’s right as they did in this case.
From what I have seen, I like Dilution by Blurring. The blog takes on trademark law in a way that business owners as well as lawyers can understand.
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Thanks for the kind words, Sam. I'm glad that you like the blog.
ReplyDeleteAlthough I get to use dec actions from time to time, I try to keep my clients away from the courtroom. They are in the business of selling things, not litigating!
So do I, and I might have more luck with it if the clients realized that an ounce of prevention was worth more than paying my court time rates!
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