Trademark litigation: a data-centric approach

By Brian Howard

From examining the likelihood of winning on summary judgment to knowing when an injunction is likely to issue, a data-centric approach is a valuable supplement to traditional legal research and the wisdom of personal experience

Quantitative data on trademark cases in US district courts gives practitioners insight into trends, which can translate into a real-world advantage. Knowing how a trademark’s key metrics – including case filing rates, top districts, outcomes and damages – are changing allows practitioners to plan smarter strategies. From budgeting with foresight to developing new business opportunities, understanding the data behind the law offers a new way of thinking for lawyers. As clients become more sophisticated in their own businesses and their approach to litigation, the value of buttressing traditional legal reasoning with data-centric insights will only increase.

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Issue 72