Rule 30(b)(6) Deposition Notice
(Trademark Litigation) (Trademark Owner to Alleged Infringer)

Summary

This template is a Rule 30(b)(6) deposition notice that may be used in trademark litigation in federal district court by a trademark owner (plaintiff) seeking discovery from a corporate alleged infringer (defendant) pursuant to Fed. R. Civ. P. 30(b)(6). This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. This template includes suggested topics for a deposition taken early in discovery to elicit information on infringement and potential damages. The identified topics (1) facilitate early assessment of the strength and monetary value of the plaintiff's case and (2) provide a roadmap for future fact discovery. Tailor the topics as necessary to the particular issues in your case and to comply with any limits on discovery or timing of depositions and document requests that may be imposed by court order or local rules. Note that under Fed. R. Civ. P. 30(b)(6), the serving party and the organization must confer in good faith about the matters for examination before or promptly after the notice is served. This enables parties to handle concerns as to the matters for examination in advance, such as ambiguously worded examination topics. For more information on Rule 30(b)(6) depositions in trademark cases, see Fact Discovery Considerations (Trademark Litigation) — Depositions. For more information on Rule 30(b)(6) depositions generally, see Depositions: Evaluating the Need for a Rule 30(b)(6) Deposition and Drafting and Serving the Notice (Federal) and Depositions: Preparing for and Taking Rule 30(b)(6) Deposition of an Entity (Federal). For additional resources on discovery in trademark litigation, see Trademark Litigation Discovery Resource Kit.