David v. Goliath Redux - Sole Proprietor Posh Goth Defeats Perfectly Posh In Multi-Year Trademark Battle

Typically, the United States legal system favors the wealthy. The average person usually cannot afford a mid or large law firm to pursue multiyear litigation that requires filing or responding to motions; responding to interrogatories, document discovery requests, requests for admissions, depositions, testimony periods and filing of briefs. Often litigation of trademark matters requires pursuing a matter through several instances.

However, as the case of the POSH GOTH opposition demonstrates, even a "David" can take on and defeat a "Goliath." In this case, the founder of the POSH GOTH products line was opposed by the Perfectly Posh, LLC. Although Posh Goth had limited resources and Perfectly Posh had apparently sufficient resources to hire a large law firm, Posh Goth was still able to prevail.

(You can read more about the case here: https://www.law.com/legalnewswire/news.php?news=bXhCMTQ4Z0M5YVFWbmtUeU1KT3Ntdz09)

In spite of the fact that POSH GOTH had limited resources and was represented by a small firms, POSH GOTH was able to prevail by showing the judges how the law fit the facts of the case. The moral of the story is that it is possible, even under the aforemeintioined conditions to stand up to, and prevail over, the bullies of world. Of course, ultimately, success will depend on the strength of your case.

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