Trademark discovery requests, interrogatories, document requests

Sample Trademark Infringement Interrogatories - Attorney prepared

See also our FMLA discovery requests for plaintiff and defendant

Title VII discovery requests

ADA discovery requests


1. Identify with particularity each specific product or service (not just the general description as set forth by ABC in its federal application) which ABC’s ABC Marks are used, intended to be used, associated with or alluded to be associated with.
ANSWER:2. State the date ABC claims is the date of first use by ABC for the ABC Marks for each product or service identified in Interrogatory No. 1.
ANSWER: 

3. Describe in full and complete detail what efforts, if any, ABC has made to use the ABC Marks.
ANSWER:

4. What is the meaning or commercial impression of ABC’s ABC Marks?
ANSWER:

5. Describe the channels of distribution and/or intended channels of distribution for each product or service identified in response to Interrogatory No. 1.

26 pages of discovery requests

Sample Trademark Infringement document requests - Attorney Prepared

1. For each product or service identified in Plaintiff’s response to Interrogatory No. 1 of Defendant’s First Set of Interrogatories to Plaintiff, produce each type of label, container, sticker, box, bag, packaging, brochure, advertisement, website screen print out and/or other means by which Plaintiff has applied or used (or intends to apply or use) the ABC Marks to the product or service.2. All documents that report on, describe, refer to, and/or relate to Plaintiff’s use of the ABC Marks. 

3. All documents which Plaintiff will rely upon to establish the date(s) stated in Plaintiff’s response to Interrogatory No. 2 of Defendant’s Interrogatories.

4. All documents which Plaintiff will rely upon to establish the first display or public use of the ABC Marks by Plaintiff.

5. All documents which Plaintiff will rely upon to establish that the ABC Marks have been in continuous use from the date of first use to the present, including but not limited to any and all documents relating to any periods of non-use of the ABC Marks.

26 pages of discovery requests
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Trademark Infringement Discovery Product Details

e-Legal form in Word format - 26 pagesPublisher - BRW Publishing (July 2007)

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Trademark Infringement Discovery Requests ———————————————- List Price: $19.95 Your Price: $14.97 Availability:Immediate receipt upon payment A download link will be sent to your email address ———————————————-

Inside this Legal Form - Get the complete set of discovery requests today

Sample Interrogatories and Document Requests in a trademark infringement case.
26 pages of sample discovery requests typical in a trademark infringement case. 

Interrogatories and Document Requests are tied together so that opposing side must produce documents supporting their interrogatory answers.

In Microsoft word format for easy editing and use.

Eric Willison, Esq., trademark attorney at searchmytrademark.com

1. Avoiding unnecessary expense. It costs money to trademark something. There is no point in trying to do so if what you are seeking to use as a trademark has already been trademarked by someone else.

2. As a preliminary step to getting a mark. Something that has already been trademarked cannot be trademarked again, so without a search, there can be no registration of your mark.

3. Revealing the need for an alternate mark. Just because someone else has already trademarked your idea, you needn’t give up. It’s just that now you know that you need to come up with something else and you can promptly start upon that task.

4. Avoiding litigation. If someone else has already registered what you
wish to trademark, your use of it could infringe upon their rights, giving
rise to a costly lawsuit. Knowing where the landmine is has always been
the best way to avoid stepping on it.

5. Policing your mark. Even after you have registered your mark, you must check around from time to time to see if anyone else is trying to use it inappropriately. If you discover someone using your mark without your permission, they may try to defend themselves by arguing that you never tried to protect your mark, thus you have abandoned it. But doing a search every now and then, you can show the court some evidence that you have been vigilant and diligent in protecting your mark.

Request a trademark search

In trademark disputes, discovery is often an important part. Discovery comes to us from Civil Rules 26-36, and it allows one party to request information from the other about the lawsuit. The requesting party can ask for documents (Rule 34), admissions on certain issues (Rule 36), depositions (Rule 26), and even responses under oath to written questions called interrogatories (Rule 33). Courts have adopted these rules in order that cases might be decided upon their merits rather than upon surprise evidence.
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The Rules of Civil Procedure allow a party to send discovery requests to another party in litigation to which the other party must respond. However, the other party may not wish to respond for various reasons. One of the most common reasons (at least in trademark law) is that the party who must answer will assert that the asking party is seeking proprietary and/or confidential information.
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