Trademark Litigation: Pre-Suit Toolkit
Resources to assist a trademark owner's counsel in evaluating and preparing to commence trademark litigation in federal district court under the Lanham Act.
A company's trademarks ( www.practicallaw.com/4-501-4858) are often among its most valuable assets. Given the business and competitive importance of trademarks, companies should be prepared to take appropriate enforcement action against third-party infringers. Proper trademark enforcement includes a variety of measures. In cases where the existing or threatened trademark violation is serious, commencing litigation in federal district court under the Lanham Act ( www.practicallaw.com/8-501-4903) may be the most appropriate course of action to protect the company's trademark rights. However, litigation can be a time-consuming and expensive process and should not be undertaken lightly. Before advising a client to pursue litigation, counsel must carefully evaluate many factors, including:
The merits of the client's potential claims and the alleged infringer's potential defenses.
The cost of litigation.
The suitability of non-judicial forums.
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 cease and desist letter.
Subject matter jurisdiction.
Local bar admission.
Once a company decides to litigate in federal court to protect its trademarks, counsel must prepare the complaint and other case initiating documents.
The Trademark Litigation: Pre-Suit Toolkit provides several continuously maintained resources designed to help trademark owner's counsel evaluate and prepare to initiate trademark litigation in federal district court under the Lanham Act, from running a conflicts check to drafting the complaint and other case initiating documents.