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This essential guide will help trial lawyers facing the challenge of litigating Lanham Act cases navigate every aspect of trademark litigation, from pre-filing considerations to disclosures and discovery, through motion practice, trial, and post-trial proceedings.
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.
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