Going to Trial

If the issues regarding your trademark and another party could not be resolved during the pre-litigation period and if summary judgment was not appropriate, then you are likely going to trial. In order to prevail you must be prepared. Your witnesses should be thoroughly vetted to ensure they are knowledgeable and will act appropriately. Exhibits will also help further your case by providing a visual of important details. Attempts should be made to predict what sort of defenses the other side will use in order to be better prepared to respond. Cross-examinations can be useful but do not save major points or information for them. There are many things that should be argued and proved. Some of the most important are ownership of the trademark, validity of the trademark, secondary meaning, and likelihood of confusion. In proving these things there are many factors which can prove useful such as strength of the trademark, similarities between the trademarks, proximity in channels of trade or advertising, plans to bridge the gap or expand usage, good or bad faith, quality of goods or services, consumer sophistication, and actual confusion. There is a lot to consider as you go to trial. Make sure you, your counsel, and witness are all prepared.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.