the Trademark Resource for Start-Ups, Business Owners, Marketing Professionals, In-House Counsel, and Attorneys

2016

Preliminary Injunctions in Trademark Cases - time versus money

There is an interconnectedness between preliminary injunctions and monetary damages that is often glossed over. If you're a trademark litigator, you should discuss the relationship between preliminary injunctive relief and monetary damages with your client before deciding to file a motion for preliminary injunction. Likewise, if you're the trademark owner, you should also appreciate the tie-in between preliminary injunctive relief and monetary damages to ward off inflated expectations of monetary awards later in the lawsuit. continue reading→

Trademark Attorney's Checklist

This post is definitely basic. Some of these posts on Trademark Well are gonna be basic posts intended for laypersons with no trademark knowledge or experience. Attention trademark lawyers—you can probably skip this post.

But this is a good post for trademark owners trying to do the trademark thing on their own. This basic post sets out a checklist that you can follow when choosing a new trademark. The checklist is obscenely obvious. Therefore, it is a basic checklist. continue reading→

Trademarks Featured On and In

You or your blog, website, product, or service has been featured in or on a high-profile publication, TV program, radio show, or website. Or you finally landed a blue-chip client. Now you want to place one of those trendy "As Featured In" or "As Seen On" or "Our Clients Include" sections on your website displaying their fancy trademarked logos. But can you just use their trademarks on your website simply because the trademark owner featured you in their publication or show or because the trademark owner became a client of yours? continue reading→

Picture of a basketball court behind home. Sue in your home court.

This is the fourth and final part in Where to Sue Trademark Infringers series. We've considered general jurisdiction, specific jurisdiction, and venue. Now that we've gone over the governing rules of law, the last question to answer is, where do I file the complaint for trademark infringement?

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Picture of a venue with text that reads Venue: picking a judicial district. Trademark Well.

When filing a complaint for trademark infringement, the plaintiff should make sure that the court has jurisdiction to hear the case and the court is a proper venue for the lawsuit. More specifically, jurisdiction refers to a court's legal authority to hear a case (i.e., the power to adjudicate the action) whereas venue refers to where jurisdiction should or may be exercised (i.e., the location where the lawsuit should take place). continue reading→