Synopses & Reviews
Trademark and copyright litigation has become increasingly complex reflecting the ever increasing share of value represented by brands and creative works. 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 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 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.
"This practical guide helps the reader understand the timing of trademark and copyright enforcement actions and how to counsel clients through the process of deciding when to litigate-and where. Partridge and Barengolts provide sample demand letters, pleadings, answers, motions and draft orders carefully selected to help the reader craft precise, effective documents. This book belongs on every IP litigator's desk, and would make an excellent addition to any upper-level course on trademark and copyright litigation."
--Jake Linford, Assistant Professor of Law, Florida State University College of Law
"Trademark and Copyright Litigation is the rare and helpful combination of a forms book and a treatise all in one. It offers readers a trove of useful examples, with sample complaints, briefs, motions, and other templates that busy practitioners can rely on for fast, efficient document preparation. More than that, the analysis of hundreds of points of copyright and trademark law contained within the examples is concise and insightful, and provides a starting point for research on a particular issue."
--Matt Griffin, Senior Counsel--Trademarks, Kraft Foods
"While the publication is intended for litigators, this first volume is useful for transaction lawyers, whether or not experienced in trademark and copyright law, who are interested in
gaining litigation insights and case assessment techniques. It should prove to be useful for novice and experienced practitioners."
--The Trademark Reporter
"The pleadings, motions, and other documents included in TRADEMARK AND COPYRIGHT LITIGATION are high quality, well-researched, and carefully drafted litigation materials."
--Timothy Cahn, The IP Law Book Review
About the Author
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 and 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
Cease and Desist Demands and Case Analysis
Selecting a Forum: Jurisdiction and Venue
Complaint, Answer and Counterclaim
Preliminary Injunction and TRO
Dispositive Motions: Motion to Dismiss, Summary Judgment
Written Discovery Demands
Volume 2 (Forthcoming 2011-2012)
Pretrial Conference and Final Pretrial Order
Motions in Limine
Trial Preparation and Outlines
Post Trial Motions
Alternative Dispute Resolution