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Author Topic: initial disclosures  (Read 1902 times)

insearchof

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initial disclosures
« on: 05-26-11 at 09:00 pm »

The TBMP and the Rules of Practice are in confusing and incomplete on an important matter: initial disclosures.

One specifically states that the automatic disclosure provisions of the FRCP do not apply in trademark cases.  Another says that a party cannot commence discovery prior to making initial disclosures.

But neither one says what the inititial disclosures are, or when they must be given to the opposing party (other than that they must be given before discovery is commenced).

Can anyone help?

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insearchof

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Re: initial disclosures
« Reply #1 on: 06-01-11 at 12:07 pm »

The new version of the TBMP just came out and it answers this question.  So I answered it myself.

Maybe I should stick around to answer trademark litigation questions; I did not realize that no one on the forum has handled any trademark oppositions or cancellations.
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OMG IP

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Re: initial disclosures
« Reply #2 on: 06-01-11 at 02:27 pm »

A very solid conclusion.
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DEBOER IP
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John M. DeBoer

JSonnabend

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Re: initial disclosures
« Reply #3 on: 06-06-11 at 07:24 am »

The new version of the TBMP just came out and it answers this question.  So I answered it myself.

Maybe I should stick around to answer trademark litigation questions; I did not realize that no one on the forum has handled any trademark oppositions or cancellations.

And you're qualified to do that how?

- Jeff
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SonnabendLaw
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Oh, Crud

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Re: initial disclosures
« Reply #4 on: 06-06-11 at 09:45 am »


And you're qualified to do that how?


Apparently one or more of the moderators misunderstood (or just plain didn't like) my earlier sarky reference to the commercial advertising theme for "Holiday Inn Express" hotels.

Yet, the wedding photographer spam remains....  sigh.

(content of my earlier (now deleted) post:  "http://www.hiexpress.com").
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Disclaimer: Tiger Did Not Consume Plastic Wrap. This disclaimer does not cover accident, lightning, flood, tornado or angry wives.

JSonnabend

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Re: initial disclosures
« Reply #5 on: 06-06-11 at 10:01 am »

That was me.  I realized after you posted it what the joke was.  I was a bit slow on the uptake, I admit.

- Jeff
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SonnabendLaw
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insearchof

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Re: initial disclosures
« Reply #6 on: 06-12-11 at 09:46 pm »

The new version of the TBMP just came out and it answers this question.  So I answered it myself.

Maybe I should stick around to answer trademark litigation questions; I did not realize that no one on the forum has handled any trademark oppositions or cancellations.

And you're qualified to do that how?

- Jeff

Jeff,

How am I qualified?  Because I have been an attorney for more than 25 years and I am now involved in trademark litigation.

With volunteers, they tend to show up only if they are wanted.  I know this isn't my website.  I certainly don't want to show up periodically to discuss trademark litigation questions if the admins don't want me to do so.
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JSonnabend

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Re: initial disclosures
« Reply #7 on: 06-13-11 at 06:59 am »

You're welcome to show up exactly as often as you would like to do so.  It is difficult to judge your qualifications when you post under a pseudonym and don't provide any information about yourself.  Couple that with (a) the rudimentary nature of the question you originally asked, and (b) your presumptive quip about other members' qualifications, and I think the basis for my question is clear.

Welcome to the forums.

- Jeff
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SonnabendLaw
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Oh, Crud

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Re: initial disclosures
« Reply #8 on: 06-13-11 at 07:46 am »

...  I did not realize that no one on the forum has handled any trademark oppositions or cancellations.

Responding to the quoted matter after the later exchange.  Insearchof - what usually has occurred if you have not gotten a response to your question for a few days, is that it was probably buried under a large number of other posts and so fell off the front pages.

In that case, what most posters will do is return and post a polite "hello, anyone there?" type of response (quoting their original question) in order to "bump" it back onto the front pages where people will see it.
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Disclaimer: Tiger Did Not Consume Plastic Wrap. This disclaimer does not cover accident, lightning, flood, tornado or angry wives.
 



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