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Trademark Litigation

The Trademark Litigation Committee considers the statutes, rules, regulations, and decisional law relating to or arising from litigation in federal and state courts in the United States that involves trademarks, trade names, or unfair competition affecting trade identity, as well as statutes, rules, regulations, and decisional law relating to or arising from such litigation in fora outside the U.S. that may affect U.S. companies, and makes recommendations to the Board of Directors in regard thereto.  The Trademark Litigation Committee also provides tools to trademark litigators. 

 
CASE SUMMARY REPORTS.  In advance of each AIPLA Stated Meeting, this committee publishes a report summarizing recent court decisions concerning issues relevant to trademark practicioners.  These reports are posted to our Committee Documents tab.
 
LEGAL STANDARDS PROJECT.  The Trademark Litigation Committee has also compiled cases from each regional circuit addressing instructional cases on notable legal standards that are often litigated in trademark cases.  To access this compilation, please see our Federal Circuit Map.
 
VOLUNTEERS.  If you want to get involved in the Trademark Litigation Committee, please email us.  We are always happy to have additional committee members participate in our initiatives.
 

 Committee Documents

 
  
  
Folder: Federal Circuit Map of Legal Standards Chart
  
Folder: Sample Pleadings Index
  
Folder: TM Case Summaries
  
Folder: Trademark Remedies Legislative Resolution Docs
  
Folder: Year in Review
  
2011 Participant Contact Information - AIPLA Quarterly Trademark Case Summaries.pdf
  
 

 Committee Announcements

 
  
Announcement Description
  

All voting members should have received an email with link to vote on a legislative proposal to revise the remedies section of the Lanham Act.  PLEASE VOTE.  Please contact Jen Kovalcik at jkovalcik@stites.com for more information.​

  

We are pleased to welcome Stephanie Bald as our new Vice Chair.  Stephanie has been a valuable contributor to our committee and most recently has spearheaded the case summary reports and updates over the past year.  

  

Thanks to all our volunteers for contributing to the initial 2012 Trademark Case Summary Report​ which is now available on our committee page.

  

​The Trademark Litigation Committe has posted its October 2011 Case Summary Report to its committee page under Committee Documents.

  

​We are pleased to announce that our Federal Circuit Map of the various legal standards presented in trademark litigation cases is once again available on our committee page, including the 2010 updates.  You can view the various standards by circuit, such as the factors for determining a likelihood of confusion, laches, dilution and more.

  

The Trademark Litigation Committe has posted its May 2011 Case Summary Report to its committee page under Committee Documents.​

  

The Department of Commerce released its Report to Congress entitled "Trademark Litigation Tactics and Federal Government Services to protect Trademarks and Prevent Counterfeiting," which is posted on the USPTO's site at http://www.uspto.gov/trademarks/notices/TrademarkLitigationStudy.pdf.

The report stems from the 2010, Congressional directive to conduct a study and report on (1) the extent to which small businesses may be harmed by litigation tactics the purpose of which is to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner, and (2) the best use of Federal Government services to protect trademarks and prevent counterfeiting.  ​