A practical guide to the procedural and strategic issues that lawyers routinely face in litigating trademark and other Lanham Act cases
Main Volume Information
The decisions handed down in trademark cases can have diverse—and far-reaching—commercial and social impact. For trial lawyers facing the challenge of litigating Lanham Act cases, extensive knowledge of the complexities of both litigation procedure and trademark law is key. And few one-volume desk references provide the detailed procedural and substantive analysis of trademark litigation that is offered in BNA Books’ Trademark Litigation Practice.
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. You’ll also find 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; 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:
- Use of survey 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
- 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 is unique in providing a detailed and comprehensive, yet concise, legal reference to the strategic issues that lawyers routinely face in Lanham Act litigation. It includes an index, case table, and appendices with examples of relevant local practice rules and forms.
Supplement Information
The 2011 Supplement provides important updates on relevant case law, including:
- The Seventh Circuit's comprehensive Nightingale decision on what qualifies as an “exceptional case” under the Lanham Act
- The Eighth Circuit’s Masters decision on the availability of defendant's profits as a Lanham Act remedy
- Recent survey cases, including percentage rates and challenges based on survey flaws
- Recent decisions relating to causes of action and defenses
- Rule 12 motions, summary judgment motions, discovery and trial and post-trial proceedings
- Discussion of in rem jurisdiction in anti-cybersquatting cases
Main Volume Information
2010/804 pp. Hardcover/Order #9990
Supplement Information
2011/ISBN 9781570189906/Order #1990