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 Infringement and False Designation of Origin Claims, Remedies, and Defenses. For more on document requests, see Document Requests: Initial Considerations (Federal), Document Requests: Drafting and Serving RFPs (Federal), and Document Requests: Responding to RFPs (Federal). For document requests that a plaintiff may serve on a defendant in trademark litigation, see Document Requests (Trademark Litigation) (Trademark Owner to Alleged Infringer). For responses to document requests that may be used in trademark litigation, see Objections and Responses to Document Requests (Trademark Litigation) (Alleged Infringer to Trademark Owner) and Objections and Responses to Document Requests (Trademark Litigation) (Trademark Owner to Alleged Infringer).