Intellectual Property Law

Why Hire a Lawyer? If You're a Business, You Need One

By Michael Atkins

On March 9, Network and IT Management Ltd. filed suit in the Western District for a declaration that its registration of the bachoco.com domain name does not violate the Anti-Cybersquatting Consumer Protection Act or infringe defendant Bachoco, S.A. de C.V.’s trademark rights.

On March 10, the Western District entered a show cause order requiring plaintiff to explain why its case should not be dismissed.

The problem?

“The complaint is signed ‘May Greenberg, Manager,’” the court found. “The complaint is not signed on behalf of Plaintiff, a business entity. It appears Plaintiff is attempting to proceed in this matter pro se.”

That’s not allowed by court rules.

“Although an individual may represent himself or herself pro se, see 28 U.S.C. § 1654, the rules are clear that a business entity is not permitted to proceed pro se unless an exception applies.”

The case cite is Network and IT Management Ltd. v. Bachoco, S.A. de C.V., No. 10-5158 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on March 17, 2010 (boomark / email).