The decisions handed down in trademark cases can have diverse and far-reaching commercial and social impact. For trial lawyers facing the challenge of litigating Lanham Act cases, extensive knowledge of the complexities of both litigation procedure and trademark law is key. And few one-volume desk references provide the detailed procedural and substantive analysis of trademark litigation that is offered in BNA Books Trademark Litigation Practice.

Trademark Litigation Practice

David S. Fleming

John T. Gabrielides

Intellectual Property

BNA Books, A Division of Bureau of National Affairs

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. 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.

Trademark Litigation Practice, 2016 Cumulative Supplement

Reference

Bloomberg BNA

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Books by David S. Fleming