Book

Trademark Litigation Practice, with 2018 Cumulative Supplement

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.

 


Description

This treatise puts into context every aspect of Lanham Act cases, from pre-filing considerations to disclosures and discovery, through motion practice, trial, and post-trial proceedings. The book, written by seasoned trademark lawyers, 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 proceedings for domain names, International Trade Commission investigations, and alternative dispute resolution tools.


New in the 2018 Cumulative Supplement:

  • The Ninth Circuit’s discussion of genericness in Elliott v. Google

  • First Amendment decisions by the Eighth Circuit in Gerlich v. Leath and the Ninth Circuit in Twentieth Century Fox Television v. Empire Distribution

  • The Fourth Circuit’s analysis of Section 2(a)’s prohibition of registering immoral or scandalous marks, in In re Brunetti

  • The Sixth Circuit’s review in Progressive Distribution Services v. United Parcel Service of the deference to be given to Trademark Office determinations

  • Additional case law regarding issues such as laches, summary judgment in infringement cases, motions to dismiss and failure to allege plausible Lanham Act claims, and the duties of insurers in Lanham Act cases

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
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 partner in Barnes & Thornburg’s Chicago office and a member of the Intellectual Property Department. Mr. Gabrielides focuses his practice on trademark and copyright law, with an emphasis in litigation

Contents

View full tables of contents and read the book’s preface or introduction.