Committee Scope: Trademark Litigation Committee

Practice in the state and federal trial courts in cases involving trademarks, trade dress, trade identity and related unfair competition claims; proposals for improvements in such practice, including decreasing costs and length of pendency of lawsuits; and cooperation with other relevant committees, as well as other ABA entities, on issues relating to the Federal Rules of Civil Procedure, federal and state local trial court rules or other trial practice issues arising under law.  Specific areas of focus include:

(1)  conflicts between trademarks, trade names and corporate names;

(2)  dress of goods and other means of designating source or sponsorship;

(3)  product simulation law not involving patents, copyrights or trade secrets;

(4)  protection of characters, formats and titles of literary works and the like;

(5) trade libel, disparagement and false advertising and comparative advertising;

(6)  protection against commercial exploitation of an individual’s identity;

(7)  issues related to dilution and likelihood of dilution; and

(8)  issues pertaining to interpretations of Sections 43(a), (b) and (c) of the Lanham Act, 15 U.S.C. §§ 1125 (a),  (b) and (c).