A defendant is generally given 20 to 30 days to respond to a complaint. If the complaint is ignored or not responded to by the deadline, then the plaintiff is allowed to ask for a default judgment. Plaintiffs can then present evidence supporting their complaint and then the court can make a default judgment. In some instances, a court can deny a default judgment. A default judgment can also occur if defendants fail to plead or defend their case.
A company or person may wish to set aside a default judgment; however, default judgments are likely to be granted only if defendants can show a good reason why they did not respond or defend their case.
This November, a California court ruled against Posh Nosh, a candy importer from the United Kingdom, which had been selling confections that Hershey claims had infringed on its trademark. The UK company was ordered to stop importing many well-known confectionary brands, such as Cadbury and Yorkie. Posh Nosh attempted to set aside this default judgment, but it was denied by the court, as the candy importer did not have a good reason for not responding when the lawsuit was originally filed against it.
Hershey had originally filed its lawsuit in May, accusing Posh Nosh of advertising, distributing and importing these brands and then selling them in the US. According to Hershey, the US company has the exclusive licensed rights to these brands in the United States.
The original complaint and summons was ignored, which then led to the court entering default against Posh Nosh in August. By October, Posh Nosh filed to have the default judgment set aside, but this was denied by the court.
Our Klein Trial Lawyers understand how much heart the business owners of California put into their companies. When someone infringes on your trademark, it can cut into profits and distract your company from focusing on its success. If you want peace of mind and an experienced attorney, then contact us today.
[Did You Know? The 1996 Dilution Act made it illegal to have marks similar to those of another business, as it could deceive consumers.]
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