Answer to Trademark Infringement Complaint (With Counterclaims)

Summary

This template is an answer to a complaint that alleges trademark infringement of a registered trademark and unfair competition under Sections 32 and 43(a) of the Lanham Act (15 U.S.C. §§ 1114 and 1125(a)) and various state law claims. It includes counterclaims for fraud and tortious interference with business relations. The template also includes practical guidance and drafting notes. This answer assumes that the parties' marks are for goods, not services, and that the marks include both words and logos. If either mark is a service mark or a different type of mark (such as a standard character mark, a design mark, or a product configuration or packaging), revise this Answer accordingly. This answer also assumes that defendant has filed an application for trademark registration with the United States Patent and Trademark Office (USPTO). If it has not, revise this answer accordingly. For the deadlines for filing an answer, see FRCP 12(a). Note that defendant must file additional ...