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Floyd Mandell, Co-Head of the Trademarks and Trademark Litigation Practice, Offers Tips for Trademark Injunctions in Law360

Firm News | May 13, 2014

Floyd Mandell, national co-head of the Intellectual Property practice and co-head of the Trademarks and Trademark Litigation practice, joined other trademark attorneys to offer recommendations for successfully obtaining trademark injunctions with Law360. Suggestions included doing background research on the court or judge, showing harm, being prepared to post bond in case of an adverse ruling and using visuals. Floyd added that when filing a preliminary trademark injunction—which can be aimed at blocking a major launch or halting the production of millions of dollars in products—it is important to show that the infringed-upon party acted quickly in asking for court help. If there was a delay in filing a motion, "Determine if you need expedited discovery, but do not go overboard, as judges often hate that. Seeking a TRO where there is no imminent harm and you could or should file for a preliminary injunction angers many judges." ("Five Tips for Winning a Trademark Preliminary Injunction," May 12, 2014)

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