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What is the legal defense where the plaintiff has no legal standing because the 'tiff is not a legal entity?
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What is the legal defense where the plaintiff has no legal standing because the 'tiff is not a legal entity?

What is the name of a legal defense where the plaintiff has no legal standing because the plaintiff is not a legal entity; a trademark for example?


    




reallypablo
I think your question is "What does the defendant do to get a case dismissed because the plaintiff is a trademark rather than a legal 'person'?" (Corporations are legal persons for this purpose.)

If that is the question, I imagine motions to dismiss for lack of personal and/or subject-matter jurisdiction and failure to state a claim for which relief may be granted would suffice for dismissal on summary judgment (assuming the pleadings could no longer be amended to add another plaintiff). All three motions could be made in one filing. Technically, these aren't "defenses" but rather pointing out to the court that the plaintiff's case, assuming all the facts alleged by the plaintiff are true, could still not possibly win.

Of course, how in the world would a trademark have filed the claim in the first place? No lawyer who could pass the bar would fail to name the trademark-owner as the plaintiff in a case like this.





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