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Trademark Litigation Practice, with 2016 Cumulative Supplement

Published by Bloomberg BNA
By David S. Fleming and John T. Gabrielides
Publication Date: 2016
1,346 pages

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Price: $500 + S&H
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Trademark Litigation PracticeA 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.

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

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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