Answering a Complaint in Trademark Litigation

Summary

This practice note explains how to draft an answer in a trademark action filed in federal court and covers the applicable rules, the components of an answer (including admissions, denials, common defenses and counterclaims in trademark cases, the demand for a jury trial, if applicable, and exhibits), the corporate disclosure statement (which is typically filed at the same time as the answer), and how and when to serve and file the answer. The note also details the preliminary investigation that counsel should undertake before drafting the answer.