A company's trademarks 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 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:

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.