Intellectual Property Law

Your Company in Court? You Need a Lawyer. No, Really.

By Michael Atkins

This week’s Puget Sound Business Journal cover story (subscription req’d) isn’t about a trademark case.

But it easily could have been.

The article talked about a business owner who tried to cut costs by going it alone in court.

The result?

The court threw out his case simply because he didn’t have a lawyer.

STL’s discussed this before, but it’s worth repeating.

If the party in a lawsuit is a business entity — anything other than a human being or a sole proprietor — then it can’t prosecute or defend a claim in court unless it is represented by an attorney. Its case will be bounced regardless of the merits.

It may not be fair and, yes, the statute probably was written by lawyers. But since it’s the law, courts will enforce it.

Full post as published by Seattle Trademark Lawyer on September 29, 2010 (boomark / email).