Trademark Litigation — guides, checklists and articles
19 practical documents on Trademark Litigation, newest first.
By document type
- Articles (10)
- Checklists (6)
- Toolkits (3)
Documents
- Who Pays the Lawyers? Attorney’s Fees Under Section 35 of the Lanham Act · Article — Section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a), lets a court award reasonable attorney's fees to the prevailing party in "exceptional cases," and the…
- Trademark Remedies and Monetary Recovery Toolkit: Injunctions, Profits, and Damages · Toolkit — A finding of infringement decides who was right; the remedies phase decides what the win is worth, and it is governed by a separate body of law that most…
- Trademark Infringement Litigation Toolkit: Building and Trying the Case · Toolkit — A federal trademark infringement case is really two contests stacked in one caption: a fact-soaked fight over likelihood of confusion and a separate, often…
- Trademark Damages and Profits: An Evidence and Proof Checklist · Checklist — Winning on liability is only half the battle; collecting a real judgment depends on the evidence you marshal for damages and profits. This checklist walks…
- The Polaroid Factors at Summary Judgment in the Second Circuit · Article — In the Second Circuit, every trademark infringement claim ultimately turns on one question: are consumers likely to be confused? The answer is governed by the…
- Responding to a Trademark Infringement Lawsuit: An Answer and Defenses Checklist · Checklist — A trademark infringement complaint is a clock, not a verdict, and the defendant who treats the first three weeks as triage usually controls everything that…
- Preliminary Injunctions in Trademark Cases: The Four-Factor Test · Article — A preliminary injunction is the order most trademark plaintiffs actually want: a court command, entered near the front of a lawsuit, that freezes the…
- Moving for a Preliminary Injunction in a Trademark Case: A Checklist · Checklist — A preliminary injunction is the remedy most trademark plaintiffs actually want: a fast court order that stops the infringement now, while the lawsuit grinds…
- Filing a Trademark Infringement Complaint in Federal Court: A Litigation Checklist · Checklist — Winning a trademark case begins long before trial — it begins with a complaint built so carefully that it survives a motion to dismiss, lands in the right…
- Designing a Trademark Survey That Survives: A Methodology Checklist · Checklist — A trademark survey is the rare witness that can speak for thousands of consumers at once, and the rare witness whose entire testimony can be excluded before…
- Consumer Survey and Expert Evidence Toolkit: Surveys, Experts, and Daubert · Toolkit — Consumer surveys and the experts who build, defend, and attack them are where a great many trademark cases are quietly decided, and this toolkit is the guided…
- Cancelling a Registration in Court: Section 37 and Federal Litigation · Article — A federal trademark registration looks final, but it is a correctable entry in a public ledger, and a court can strike it. This guide explains how…
- Cancelling a Registration at the TTAB: A Petitioner’s Checklist · Checklist — A federal registration is formidable but never untouchable: under Section 14 of the Lanham Act it can be cancelled when it should never have issued or no…
- Appealing a Trademark Case in the Second Circuit: Standards of Review · Article — When a trademark case reaches the United States Court of Appeals for the Second Circuit, the standard of review usually matters more than the merits, because…
- Winning the Paper War: Discovery in TTAB Proceedings · Article — This guide explains how discovery actually works in the inter partes proceedings (oppositions and cancellations) decided by the Trademark Trial and Appeal…
- Keeping the Survey Out: Daubert Challenges to Trademark Survey Experts · Article — A consumer survey can hand a trademark plaintiff something close to direct proof of confusion, and that is exactly why the defense so often fights to keep a…
- Judge or Jury? Choosing Your Factfinder in Trademark Litigation · Article — A trademark lawsuit is rarely tried by a single factfinder. The same case is usually carved in two, with a jury deciding the legal half and a judge deciding…
- Dividing the Spoils: Apportioning Profits and Damages in Trademark Cases · Article — Winning a trademark case on liability is not the same as collecting a large judgment. This article explains apportionment, the doctrine that limits a…
- Building a Bulletproof Consumer Survey in Trademark Cases · Article — A trademark survey is not a poll; it is a controlled experiment, and like any experiment it lives or dies on its method. This guide walks business owners and…