The Right to a Jury Trial in Trademark Cases: 2 Years After Hard Candy
If you are seeking to enforce a federally registered trademark against a counterfeiter or infringer, you may not have the right to a jury. Instead, you will try the case before a judge, who serves as both the finder of fact and the determiner of law.
April 19, 2022 at 01:37 PM
5 minute read
Few things are more iconic of the American legal system than a trial by jury. Our films and literature are filled with visions of what occurs in a jury room. "Twelve Angry Men," "Runaway Jury," "To Kill a Mockingbird," and "The Verdict" are but a few of the many renown films focusing on the jury process. It is not surprising that those who think of having their day in court presume they will be before a jury of their peers. If, however, you are seeking to enforce a federally registered trademark against a counterfeiter or infringer, you may not have the right to a jury. Instead, you will try the case before a judge, who serves as both the finder of fact and the determiner of law.
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