Seattle Trademark Lawyer

I sometimes get this question from a skeptical foreign law student: Can’t a party simply ignore a court order?

In some countries, perhaps. But not in the States. Especially not in federal court.

I explain that federal judges are a big deal. They’re appointed by the President and confirmed by Congress. They get a lifetime appointment. And they have the power of the U.S. Marshals Service to enforce their orders. In other words, they can throw you in jail if you ignore what they say.

A prime example is a copyright case my firm is working on. The defendant infringer not only ignored the court’s permanent injunction, but also took evasive measures that thumbed his nose at the court’s authority. The court’s response? A $750 per day sanction until the defendant complies with the injunction, payable to our client, plus an award of attorney’s fees.

Last, but by no means least, the court also entered an order stating: “The Clerk shall issue a Warrant for Contempt of Court, directing the United States Marshall in the name of the United States to apprehend [the defendant] and bring him before this Court for further proceedings.”

I knew this relief was available, but now I’ve seen it first-hand.