Document Requests (Trademark Litigation) (Alleged Infringer to Trademark Owner)
Summary
These are template Document Requests that an alleged infringer (defendant) may serve on a trademark owner (plaintiff) in a federal lawsuit that alleges infringement of a registered or unregistered trademark under Lanham Act Section 32 (15 U.S.C. § 1114(1)(a)) and/or Lanham Act Section 43 (15 U.S.C. § 1125(a)). This template includes practical guidance, drafting notes, and alternate clauses. These document requests, also called requests for production (RFPs), may be used in a state court infringement matter; however, consult your jurisdiction's local and court rules for any specific limitations on and requirements for using these requests in state court. These requests assume that the parties' marks are both being used for goods. If your case involves services, additional Lanham Act claims or other types of claims, or if the defendant has asserted counterclaims, revise these requests accordingly. For a more detailed discussion on federal trademark infringement claims, see Trademark ...