Posts Tagged ‘Discovery’

Trademark Disputes, Litigation Holds, and the Duty to Preserve

The legal principles relating to litigation holds are not trademark specific. But it is clear that the rules requiring a party and its counsel to implement a litigation hold apply equally to trademark infringement litigation. These are rules that a trademark owner and its trademark counsel—both trademark prosecution and trademark litigation counsel—should know. They should…

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On the Hook: Personal Liability for Trademark Infringement

Sometimes you’re the windshield. Sometimes you’re the bug. -Mark Knopfler, Dire Straits Great quote and apropos ahead of this week’s road trip down to Southern California. There are, of course, several mutations of that quote. Sometimes you’re the hammer. Sometimes you’re the nail. Sometimes you’re the dog. Sometimes you’re the hydrant. Sometimes you’re the pigeon.…

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