基本説明
The book offers both the actual and recommended sample documents for federal court litigation with commentary on the strengths and the weaknesses of these particular "real-world" examples. The first volume covers cease-and-desist demands through electronic discovery, and a forthcoming second volume will cover surveys through appeals.
Full Description
Trademark and copyright litigation 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 Practice, 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.
Contents
VOLUME 1; INTRODUCTION; CEASE AND DESIST DEMANDS AND CASE ANALYSIS; SELECTING A FORUM: JURISDICTION AND VENUE; COMPLAINT, ANSWER AND COUNTERCLAIM; PRELIMINARY INJUNCTION AND TRO; DISPOSITIVE MOTIONS: MOTION TO DISMISS, SUMMARY JUDGMENT; WRITTEN DISCOVERY DEMANDS; DEPOSTIONS; DISCOVERY DISPUTES; ELECTRONIC DISCOVERY; INDEX; VOLUME 2 (FORTHCOMING 2011-2012); SURVEYS; PRETRIAL CONFERENCE AND FINAL PRETRIAL ORDER; MOTIONS IN LIMINE; TRIAL PREPARATION AND OUTLINES; JURY INSTRUCTIONS; POST TRIAL MOTIONS; INJUNCTIONS; SETTLEMENT AGREEMENTS; ALTERNATIVE DISPUTE RESOLUTION; APPEALS; INDEX
