California Business and Professions Code § 17200
Trademark Infringement
Unauthorized use of trademarks.
Statute of Limitation in California
The statute of limitations for filing a claim for unfair business practices is typically four years from the date the unfair practice occurred.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the plaintiff can demonstrate that the unfair practice was ongoing or continuous; in such cases, the limitation period may be extended. Additionally, specific industry regulations may impose different requirements. Contact an attorney.
Example Scenario
If an unfair business practice occurred on March 1, 2022, the affected party must file a claim by March 1, 2026.
Understanding Statutes of Limitations in California
The statute of limitations for trademark infringement in California acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by California state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for trademark infringement after the 4-years period has expired, the defendant will likely file a motion to dismiss the case. In California, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, California law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in California serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (4 years in this instance), potential liability is extinguished.
Can this be resolved in California Small Claims court?