Trademark Litigation: Pre-Suit Considerations Checklist | Practical Law

Trademark Litigation: Pre-Suit Considerations Checklist | Practical Law

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Trademark Litigation: Pre-Suit Considerations Checklist

Practical Law Checklist 1-519-9580 (Approx. 15 pages)

Trademark Litigation: Pre-Suit Considerations Checklist

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Checklist of issues that a trademark owner's counsel should consider before filing trademark litigation in federal district court under the Lanham Act, including claims for trademark infringement, unfair competition, and dilution. These issues include the merits and cost of litigation, the need for immediate relief, the client's prospects of collecting on a judgment, the availability of alternative dispute resolution, the advisability of sending a demand letter, subject matter jurisdiction, personal jurisdiction, proper venue, local bar admission, and finding and retaining local counsel.