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Trademark Litigation Practice, with 2014 Cumulative Supplement

Published by Bloomberg BNA
By David S. Fleming and John T. Gabrielides
Publication Date: 2014
1,222 pages

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Price: $500 + S&H
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A practical guide to the procedural and strategic issues that lawyers routinely face in litigating trademark and other Lanham Act cases

This comprehensive 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.  It includes an index, case table, and appendices with examples of relevant local practice rules and forms.


The 2014 Cumulative Supplement provides updates on important issues including:

  • 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)
  • 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
  • An 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.
  • A 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)
  • A new topic addressing motions for relief from default judgments

About the Publisher

Tech Transfer Central is proud to partner with Bloomberg BNA Books to bring our customers access to this comprehensive and authoritative resource. All Bloomberg BNA Books are written by respected experts with extensive experience in patent law and IP licensing. These renowned authors draw from their wealth of professional expertise and in-depth research to deliver the most highly regarded editorial quality in the industry.

About the Authors

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 shareholder in the Chicago office of the U.S. intellectual property firm of Brinks Gilson & Lione. He has litigated the full spectrum of Lanham Act cases in federal courts, including trials before juries and judges, as well as preliminary injunction proceedings. 

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