Trademark discovery requests, interrogatories, document requests

Archive for January, 2008

08
Jan

Sample interrogatories and document requests in a trademark case

Sample Trademark Infringement Interrogatories - Attorney prepared

1. Identify with particularity each specific product or service (not just the general description as set forth by ABC in its federal application) which ABC’s ABC Marks are used, intended to be used, associated with or alluded to be associated with.
ANSWER:2. State the date ABC claims is the date [...]

07
Jan

Why do a Trademark Search?

Eric Willison, Esq., trademark attorney at searchmytrademark.com

1. Avoiding unnecessary expense. It costs money to trademark something. There is no point in trying to do so if what you are seeking to use as a trademark has already been trademarked by someone else.
2. As a preliminary step to getting a mark. Something that has already [...]

05
Jan

Effect of Arguing Discovery Answers Already Part of the Record

In trademark disputes, discovery is often an important part. Discovery comes to us from Civil Rules 26-36, and it allows one party to request information from the other about the lawsuit. The requesting party can ask for documents (Rule 34), admissions on certain issues (Rule 36), depositions (Rule 26), and even responses under [...]

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