Why courts won’t dismiss these nuisance suits with prejudice escapes me.
~~~
They should be. It’s the goliaths using the courts to terrorize the davids (yes, I’m using the analogy wrong since david won). They have lots of money and lawyers and figure they can beat the little businesses into submission by forcing them to have to defend themselves. The courts really should be taking the predatory nature of the size/means difference into account when deciding whether to even hear a case.
I am not even considering that in my argument.
The first step in any defense is to file a motion to dismiss.
The judge is supposed to look at the prima facia facts of the complaint and decide if it possible that the complainant has been injured and if the court can provide redress.
In the Beaver Market case it should be obvious that the Beaver Mart logo and name do not infringe on Bucc-ee's copy right. Motion to dismiss should have been granted with prejudice.
Our courts rarely grant motion to dismiss. Everybody, no matter how frivolous the cause, no matter the cost, gets their day in court.