Trademark & Copyright Litigation: Forms and Analysis

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Print Book :Softbound
ISBN: 9780769868677
Published: July 02, 2013
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ISBN: 9780769870489
Published: July 02, 2013
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eBook :mobi
ISBN: 9780769870489
Published: July 02, 2013
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Product details

Trademark and copyright litigation authored by Mark V.B. Partridge and Phillip Barengolts 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.

Features

•   Provides the actual and recommended sample documents for federal court trademark and copyright litigation
•   Actual "real world" documents are from well-known trademark and copyright cases, with commentary on the strengths and weaknesses
•   Presented in chronological order, the forms proceed from the inception of a case through trial and appeal

Reviews

"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

Authors / Contributors

Table of Contents


CHAPTER 1 Case Assessment

CHAPTER 2 Cease and Desist Demands

CHAPTER 3 Selecting a Forum, Jurisdiction and Venue

CHAPTER 4 Complaint, Answer, Counterclaims

CHAPTER 5 Preliminary Injunction and TRO

CHAPTER 6 Motion to Dismiss

CHAPTER 7 Written Discovery

CHAPTER 8 Depositions

CHAPTER 9 Discovery Disputes

CHAPTER 10 Electronic Discovery

APPENDIX A Sun Life--A Case Study in Discovery Disputes