The Goals of Litigation: Recovering Damages from Brands & Sellers Who Use Black Hat Tactics
CJ, I want to sue the pants off that brand. CJ, go after that seller for those black hat tactics that they’re harming my business. So what am I talking about? In today’s video, what I want to talk to you about are the goals of litigation. You should never go into litigation without clearly set goals that you can attain. So here are the three basic goals of when you sue somebody.
Number one, money.
Your goal in suing somebody is to recover actual damages that you suffered, money that you lost, that you can actually collect. The goal is money and the money you hope to recover at the end of the case, which could be two, three years down the road should be, in my opinion, at least three to five times the cost of the attorney’s fees. If it’s not about money, may not want to proceed.
Number two, equitable or injunctive relief.
What are those fancy legal terms? Equitable and or injunctive relief is when you sue and you’re asking the judge to order the other side to do something or to refrain from doing something. That’s all it means. Judge, order them to stop selling my product. Judge, order them to retract the BS complaint they made against my Amazon account. That is equitable or injunctive relief.
Number three, there’s something else you can sue for other than money & other than a judge telling somebody what to do.
You could sue for what’s called a declaratory judgment. What it means is you are going to court and you’re asking a judge to rule on something. You’re asking them to rule that their intellectual property rights should be extinguished. You’re asking the judge to rule that your intellectual property rights are the ones that should govern. So this is when you’re asking the court to declare something rather than award money or stop or tell somebody to do something or to refrain from doing something.
So those are three goals of litigation, money, telling someone to do something/not do something, or just deciding an issue between you and another party. And that’s called a declaratory judgment.
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