Bloomberg BNA Releases New Supplement to Trademark Litigation Practice

Bloomberg BNA has published the 2012 Cumulative Supplement to Trademark Litigation Practice, providing important updates on case law related to trademark litigation and the Lanham Act.

This resource covers every aspect of Lanham Act cases, from pre-filing considerations to disclosures and discovery, through motion practice, trial, and post-trial proceedings. It also offers analysis of alternative proceedings that may be used in trademark cases, including oppositions and cancellations in the Trademark Trial & Appeal Board (TTAB); Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings for domain names; International Trade Commission (ITC) investigations; and alternative dispute resolution tools. Trademark Litigation Practice covers all of these practical litigation topics in detail, with many topics presented in an easy-to-use, circuit-by-circuit format. Significant topics trademark litigators will want to focus on include the use of surveys and other expert witnesses in trademark cases; injunctive and monetary relief in trademark and false advertising cases; discovery and initial disclosures, including discovery of electronically stored information; and other avenues for pursuing claims relating to trademarks, such as oppositions and cancellations in the TTAB, domain name UDRP proceedings, and actions for exclusion orders in the ITC.

Trademark Litigation Practice includes an index, case table, and appendices with examples of relevant local practice rules and forms. Updates in the new 2012 Cumulative Supplement include:

• Fourth Circuit's Rosetta Stone v. Google decision concerning keyword advertising claims
• Second Circuit’s Nike v. Already decision regarding the effect of a covenant not to sue
• Reports concerning decisions from the Sixth and Seventh Circuits relating to functionality and trade dress
• Recent decisions relating to counterclaims and amendment to pleadings after trial
• Discussion of recent survey cases, including percentage rates and challenges based on survey flaws
• Additional case summaries and discussion of chapters on summary judgment motions and other topics
• Inclusion of recent changes to venue rules in the Federal Rules of Civil Procedure
• Information concerning other circuit court decisions through May 2012 relating to causes of action and defenses

Trademark Litigation Practice, with 2012 Cumulative Supplement, is authored by David S. Fleming, a shareholder in the Chicago office of the U.S. intellectual property firm of Brinks Hofer Gilson & Lione, who has litigated all types of trademark cases in federal courts throughout the United States, as well as in the TTAB and in UDRP proceedings; and John T. Gabrielides, a shareholder in the Chicago office of the U.S. intellectual property firm of Brinks Hofer Gilson & Lione, who has litigated the full spectrum of Lanham Act cases in federal courts, including trials before juries and judges, as well as preliminary injunction proceedings. This treatise is available for sale directly from Bloomberg BNA and also is available on the Bloomberg Law legal research system.

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