Interrogatories
(Trademark Litigation) (Trademark Owner to Alleged Infringer)

Summary

These are template Interrogatories that a trademark owner (plaintiff) may serve on an alleged infringer (defendant) 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 and drafting notes. These interrogatories also 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 them in state court. The interrogatories 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 interrogatories 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 interrogatories, see Interrogatories: Drafting and Serving Interrogatories (Federal) and Interrogatories: Responding to Interrogatories (Federal). For interrogatories that a defendant may serve on a plaintiff in trademark litigation, see Interrogatories (Trademark Litigation) (Alleged Infringer to Trademark Owner). For responses to interrogatories that may be used in trademark litigation, see Objections and Responses to Interrogatories (Trademark Litigation) (Alleged Infringer to Trademark Owner) and Objections and Responses to Interrogatories (Trademark Litigation) (Trademark Owner to Alleged Infringer).