Trademark Litigation: Pre-Suit Considerations | Practical Law
A Practice Note explaining the key issues that a trademark owner's counsel should consider before commencing a trademark action in federal district court under the Lanham Act. These issues include the merits and costs of litigation, the ability to collect on a judgment, whether a demand letter should or must be sent, identifying the proper parties, the bases for federal subject matter jurisdiction, obtaining personal jurisdiction over non-resident defendants, determining proper venue, and the alleged infringer's potential defenses and counterclaims.