Measure Twice and Cut Once: Federal Court Dismisses Trademark Case for Insufficient Evidence

摘要

Trademark owners increasingly are using anabbreviated process— the application—toenforce their rights. Applications avoid the costsand delay of discovery and the complexities oftrial. This litigation strategy can be effective if atrademark owner carefully marshals its evidence atthe outset. Evidentiary gaps can be fatal, as demonstratedin Justice Lockes recent decision in EABTool Company Inc. v. Norske Tools Ltd.