Trademark and Copyright Litigation: Forms and Practice: From Case Assessment Through Electronic Discovery

by Partridge, Mark V. B.; Barengolts, Phillip

• ISBN13: 9780199734931
• ISBN10: 0199734933
• Edition: CD
• Format: Paperback
• Copyright: 2011-05-24
• Publisher: Lexis Nexis Matthew Bender

Summary

Trademark and copyright litigation has become increasingly complex reflecting the high financial stakes of the intellectual property in dispute. As a result, there is a growing demand for practice-tested advice and commentary related to winning strategies.Trademark and Copyright Litigation:Forms and Analysis, by Mark V.B. Partridge and Phillip Barengolts is designed to satisfy that demand by offering readers both the actual and recommended sample documents for federal court trademark and copyright litigation. Presented in chronological order, the forms proceed from the inception of a case through trial and appeal, (i.e., complaint, answer, discovery requests, motions and supporting memoranda, preparation outlines, pretrial orders, witness outlines, appeal documents and briefs). The first volume covers cease-and-desist demands through electronic discovery, and a forthcoming second volume will cover surveys through appeals. The information is created and collected by Partridge and Barengolts from existing materials obtained from their own practice, as well as from other attorneys and court records. A unique feature of the book will be the use of actual documents from well-known trademark and copyright cases, with commentary on the strengths, and, in some instances, the weaknesses of these particular "real-world" examples.

Author Biography

Mark V.B. Partridge is the founder of Partridge IP Law, P.C. He is also an adjunct professor at John Marshall Law School, where he teaches advanced courses in trademark law, litigation and transactions. Mr. Partridge is the author of numerous legal articles and the book Guiding Rights: Trademarks, Copyright and the Internet. He has over 27 years of trademark and copyright litigation experience.

Phillip Barengolts is a partner with Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP. He is also an adjunct professor at John Marshall Law School, where he teaches an advanced course in trademark litigation. Mr. Barengolts is the author of several articles on trademark and copyright law, serves as an editor of the Trademark Reporter, and was the Chief Editor of the Copyright Permissions Handbook (2010 ed.). He has nine years of trademark and copyright litigation experience.

Table of Contents

Introduction

Cease and Desist Demands and Case Analysis

Selecting a Forum: Jurisdiction and Venue

Complaint, Answer and Counterclaim

Preliminary Injunction and TRODispositive Motions: Motion to Dismiss, Summary Judgment

Written Discovery Demands

Depostions

Discovery Disputes

Electronic Discovery

Index

(Forthcoming 2011-2012)

Surveys

Pretrial Conference and Final Pretrial Order

Motions in Limine

Trial Preparation and Outlines

Jury Instructions

Post Trial Motions

Injunctions

Settlement Agreements

Alternative Dispute Resolution

Appeals

Index

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