Trademark Litigation Practice, with 2016 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.



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.

New in the 2016 Cumulative Supplement:

  • Updates to the chapter on discovery based on the revisions to the Federal Rules of Civil Procedure effective December 1, 2015
  • The Fourth Circuit’s ruling in Belmora LLC v. Bayer Consumer Care AG that a plaintiff need not show that it possesses or has used a trademark in U.S. commerce as an element of a cause of action for false association after Lexmark
  • The Eleventh Circuit’s ruling in Duty Free Americas, Inc. v. Estee Lauder Cos. on whether the Lanham Act recognizes contributory liability for false advertising, and concluding that a plaintiff may bring a claim for contributory false advertising
  • The Third Circuit’s conclusion Arrowpoint Capital Corp. v. Arrowpoint Asset Management, LLC that the district court, in denying plaintiff’s motion to dismiss, applied an overly narrow interpretation of what constitutes confusion under the Lanham Act
  • The Eleventh Circuit’s discussion of error in jury instructions in ADT LLC v. Alarm Protection Technology Florida, LLC
  • Rulings by the Second and Fifth Circuits on review of civil contempt orders
  • And more


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


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