Trademark Litigation Practice, with 2014 Cumulative Supplement


2010/804 pp. Hardcover with 2014 Cumulative Supplement/Order #9529P

2014 Cumulative Supplement alone/Order #2529

A practical guide to the procedural and strategic issues faced in litigating trademark and other Lanham Act cases

Trademark Litigation Practice covers every aspect of Lanham Act cases, from pre-filing considerations to disclosures and discovery, through motion practice, trial, and post-trial proceedings. The treatise also includes analysis of alternative proceedings that may be used in trademark cases, including oppositions and cancellations in the TTAB, Uniform Domain Name Dispute-Resolution Policy (UDRP) proceedings for domain names, International Trade Commission investigations, and alternative dispute resolution tools.

The 2014 Cumulative Supplement includes a discussion of the Supreme Court ruling in Lexmark Int’l, Inc. v. Static Control Components, Inc., where the Court considered the circumstances under which a plaintiff has standing to assert a false advertising claim under Section 43(a); review of the Supreme Court’s decision in POM Wonderful LLC v. Coca-Cola Co., which decided that a Lanham Act Section 43(a) false advertising claim based on an allegedly misleading label for a juice product was not precluded by the FDCA; examination of the Supreme Court opinion in Already LLC v. Nike, Inc., where the court considered the effect of a covenant not to sue on counterclaims that had been asserted by the defendant; analysis of a Federal Circuit opinion considering issue preclusion and claim preclusion of a dilution claim in Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.; review of the Federal Circuit decision in High Point Design LLC v. Buyers Direct, Inc., which addressed the distinction between a motion to amend under Rule 15, and a motion to modify a scheduling order under Rule 16(b); and a new topic addressing motions for relief from default judgments.


Main Volume Information

About the Authors
David S. Fleming is a shareholder in the Chicago office of the U.S. intellectual property firm of Brinks Gilson & Lione. He has litigated all types of trademark cases in federal courts throughout the United States, as well as in the TTAB and in UDRP proceedings.

John T. Gabrielides is a shareholder in the Chicago office of the U.S. intellectual property firm of Brinks Gilson & Lione. He has litigated the full spectrum of Lanham Act cases in federal courts, including trials before juries and judges, as well as preliminary injunction proceedings. 

Supplement Information

About the Authors
David S. Fleming and John T. Gabrielides