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Trademark Litigation A - Z
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Don’t miss INTA's Roundtable in March and learn all you need to know about Trademark Litigation.

March 18–28, 2014

There are thousands of trademark infringement lawsuits litigated every year in federal district courts throughout the United States. In fact, in 2013, an average of 269 federal trademark infringement lawsuits were filed each month in this country. Typical costs for trademark suits can range anywhere from $300,000 to $1.5 million up through trial.  Many times a trademark lawsuit will involve a core brand, or may even be a “bet the company” type litigation. With so much at stake, it is important to understand the ins and outs of trademark litigation.

This Roundtable will explore all aspects of trademark litigation: from the “A” of making sure that any necessary trademark assignments have been executed and recorded before the launching of a lawsuit, to the Z (well, not exactly Z), but to the “X” of expert discovery, and everything in between.  We will discuss the nuances involved in proving a likelihood of confusion, the nature and scope of available monetary damages, how to maneuver through the minefield that is hearsay evidence, and the key points to remember when using survey experts.  You will leave the Roundtable with a list, from A-Z, of issues to consider when bringing or defending trademark litigation.

We will discuss issues involved from the inception of a lawsuit to the rendering of a verdict, including the following: 

I. Considerations for Determining Appropriate Jurisdiction. Where should the lawsuit be brought? Who is the proper plaintiff with standing? Is there a case in controversy?

II. Obtaining Injunctive Relief. What are the factors required for obtaining an injunction? What is the appropriate scope of an injunction?

III. Defenses to Infringement. What are the typical defenses in a trademark infringement lawsuit?  How can a defendant effectively assert laches or estoppel defenses? 

IV. Evidentiary Issues. What evidence does a plaintiff need in order to prove a likelihood of confusion? How can a party establish consumer confusion that is derived from hearsay evidence?

V. Use of Expert Testimony.  What are the key considerations when deciding whether to use survey evidence? What other types of experts should be considered?

VI. Nature and Scope of Remedies. How can a plaintiff establish monetary damages? When are punitive damages and attorneys’ fees appropriate?

Note: Unless otherwise stated, roundtables are held from 12:00 pm–2:00 pm. Please bring photo ID to all roundtables in order to enter. Please note that roundtable registration is now online only.




INTA is seeking volunteers to host this Roundtable in various U.S. cities. All you need to do is secure an available conference room, order lunch and facilitate the conversation using the outline that has been developed. INTA will reimburse you for the cost of the meal. Please contact Roundtables@inta.org if you are interested in hosting this Roundtable.