Navigating Venue and Jurisdiction in Trademark Cases

Determining the Best Forum for Pursuing or Defending Infringement Claims

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 6, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to trademark counsel for developing jurisdiction and venue strategies. The panel will discuss key considerations that parties should be aware of and offer best practices for navigating jurisdiction and venue issues when litigating trademark cases in federal court, state court, before the USPTO or in the International Trade Commission (ITC).

Description

There are many factors that trademark litigators and their clients should take into account before considering whether there is jurisdiction and then selecting a venue in a trademark infringement case—especially when the trademark owner plans to seek injunctive relief—between federal court, state court, the USPTO or the ITC.

The path to federal court jurisdiction involves complex rules and tight time frames for removal. The rules among federal courts are inconsistent regarding many removal issues. Counsel must understand the complex rules and also consider what happens if the court determines the venue is improper.

The Supreme Court in TC Heartland v. Kraft Food Brands Group (U.S. May 22, 2017) reestablished more restrictive venue rules for patent litigation. Trademark owners and their counsel should evaluate the Heartland decision when considering venue in trademark litigation.

Listen as our authoritative panel of trademark attorneys examines the factors plaintiffs should weigh before filing trademark infringement actions. The panel will also discuss the options for removal and the complex rules involved. The panel will offer best practices for navigating venue and jurisdiction in trademark cases.

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Outline

  1. State court trademark litigation
  2. Federal court trademark litigation
  3. Opposition and cancellation proceedings before the USPTO
  4. Trademark cases in the ITC

Benefits

The panel will review these and other key issues:

  • What factors should trademark counsel consider when determining venue? When challenging venue?
  • What strategies can IP counsel use when asserting or challenging jurisdiction in trademark cases?
  • What strategies have been effective for trademark counsel when developing, pursuing or defending motions to transfer venue?

Faculty

Megan K. Bannigan
Megan K. Bannigan

Counsel
Debevoise & Plimpton

Ms. Bannigan specializes in trademark, copyright, false advertising, rights of publicity, licensing and other...  |  Read More

Meredith M. Wilkes
Meredith M. Wilkes

Partner
Jones Day

Ms. Wilkes is a trial lawyer whose practice is focused on brand protection and enforcement. She has led...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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