INSIGHTS

“Use in Commerce” under federal trademark law is limited to lawful use according to federal, not state, law.

AeroClean’s overall litigation strategy was informed by the combined insights of experienced trademark prosecution counsel and experienced trial counsel comprising the Leason Ellis team. A trademark defense strategy that leverages the highly specialized knowledge and skillsets of both will often yield more comprehensive strategies in litigation.

An aggressive, offensive strategy can often be a good defense in litigation. Experienced trial counsel familiar with the Federal Rules of Civil Procedure will be well-equipped to advise clients on such a strategy.

Motions can sometimes be won in the courtroom through effective oral advocacy. Not all lawyers are the same; experienced trial counsel will help.