Welcome to Trademark Litigation: A Global Guide 2021, the fifth edition of this indispensable resource.
For trademark professionals, litigation is usually a last resort, launched only when faced with critical brand challenges or those that have serious implications for the wellbeing of consumers. Over the past year, for example, as opportunists seek to capitalise on the covid-19 pandemic, a number of international brands have turned to trademark litigation in a bid to speedily clamp down on infringing and fake personal protective equipment goods or prevent distributors from engaging in price gouging.
When litigation is deemed necessary, it is essential to create a robust strategy, taking into account the applicable systems and procedures in the relevant jurisdiction. Reflecting this, the latest edition of Trademark Litigation: A Global Guide serves as an invaluable reference guide to the litigation regimes in 10 key jurisdictions.
Written by experts from leading firms around the globe, the guide provides a simple, easy-to-use digest of the fundamentals of litigation practice in key jurisdictions. Each chapter outlines the legislative framework in the respective jurisdiction, including insight into available venues, possible causes of action and the damages and remedies that can be obtained. In addition, each chapter examines critical issues such as the availability of alternative dispute resolution mechanisms, defences to trademark infringement or dilution, the use of survey evidence and expert witnesses, and the intricacies of the appeals process.
Alongside this in-depth analysis, the publication is complemented by a wallchart that allows for easy comparison of key litigation procedures across jurisdictions.
While Trademark Litigation: A Global Guide 2021 does not seek to offer specific legal advice and should not be read as though it does, only those firms and organisations with specialist expertise in the field of trademark litigation were invited to contribute. The authors raise a number of critical points that rights holders and their advisers should consider when constructing a litigation strategy.
My gratitude goes to all contributors for their hard work and support in this important project. If you have any feedback on the publication, please don’t hesitate to contact me.