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Frequently Asked Questions   Printer-friendly Format

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How often is The Cutting Edge Report published?

The Report is published at the beginning and in the middle of each month – 24 issues per year.



"Trademark law" is a broad term – what specific types of issues are covered?

You'll get complete coverage of the entire spectrum of issues arising in trademark litigation. In addition to core substantive issues such as infringement and dilution, the Report covers court decisions in trademark cases involving issues such as:

  • jurisdiction and venue
  • res judicata and collateral estoppel
  • admissibility of surveys, expert testimony, and other evidence
  • insurance coverage
  • attorney fee awards
  • damages and injunctive relief
  • and more . . . .

For examples, you can check out the issues covered in the sample issue and the Cases of the Month.



Which courts and jurisdictions are covered?

The Report covers all of the 100+ federal courts: U.S. District Courts, Circuit Courts of Appeals (including the Court of Appeals for the Federal Circuit), and the U.S. Supreme Court.



Will I get the court opinions in addition to the case summary reports?

Yes. The full text of each court opinion is included in every issue and is just a click away, as you can see right now in our sample issue.



How are the new decisions organized and the case summary reports presented in The Cutting Edge Report?

The best way to answer this is to show you, so you can see for yourself. See it now in the sample issue.

You'll see that every aspect of The Cutting Edge Report is designed and organized to efficiently present you with the key information about the latest federal court decisions involving trademark law in a unique easy to read format.

Here are some of the key benefits of the Report's clear organization and lay-out:

Issue Overview: Each issue of The Cutting Edge Report has an "In This Issue . . . ." overview page that tells you at a glance:

  • how many new cases are covered
  • the courts that issued the decisions
  • the legal issues involved in the new cases

The "In This Issue . . . ." overview page lets you easily navigate the contents of each issue of The Cutting Edge Report. Clicking on the courts listed takes you directly to the Table of Cases, which lists the cases according to the court that issued the decision. Clicking on the issues listed takes you directly to the Topical Table of Contents, which groups the cases by legal issue involved.

  • Check out the "In This Issue . . . ." overview page now in the sample issue.

Table of Cases: Each issue has a Table of Cases listing the new cases according to the courts that decided them. The cases are grouped by Circuit, with explanatory headlines and parentheticals for each case.

This list of new cases lets you quickly get a run down of what's going on in your home circuit and all the other federal circuits.

Topical Table of Contents: You also get a Topical Table of Contents, which lists the new cases according to the legal issues involved, with explanatory headlines and parentheticals for each case listed.

You can easily see the new cases that have come out about particular legal issues.

Case Summary Reports: The Case Summary Reports are presented in an easy to read format. Extensive use of headings and bullet lists clearly break out the main points of each new decision.

Looking for those great quotes from the court opinions to use in a brief or letter? We've plucked them from the cases and they are highlighted for you in "sidebars" inside in the Case Summary Reports.

The Case Summary Reports are divided into three clear sections:

  • Case Snapshot: Each case summary report begins with a Case Snapshot – a chart that immediately breaks down for you the essential information about the case, such as the issues involved, holding, and procedural posture. It also features images of the marks and other illustrative matter.

  • Key Points: The Key Points section shows you the key points in the court's opinion, organized for you in a bullet outline format. These are illustrated with sidebars containing the "choice" quotes from the court's opinion.

  • Analysis: The last section contains analysis and commentary discussing the implications of the court's holding, lessons learned from the case, and other interesting related material.

You have to see it for yourself.

What is the Case Snapshot feature?

To give you a quick "picture" of each court decision, every case summary report begins with a clearly laid out chart showing the key information about the case: the nature of the dispute; the legal issues involved; the parties, their marks and associated goods or services; the procedural posture; and a concise "bottom line" holding. The Case Snapshot also shows images of the marks in dispute, where appropriate

By presenting you with the "vital signs" of a court decision clearly laid out in a simple chart, you quickly get a complete picture of what the case was about and what the court held.

Does the Report provide images of the marks in dispute?

Yes – even when not included in the court's opinion. We include relevant available images of the marks, goods and other matter.

Why read a court's long and tedious written descriptions of the marks and try to imagine them when you can see a picture in The Cutting Edge Report? This is especially helpful not just with design and stylized mark cases, but also to see the products that are the subjects of trade dress disputes.

Wouldn't you like to see what the cases are all about? Stop flying blind. Now, as a subscriber to The Cutting Edge Report, you can stop imagining what the marks look like and see them for yourself.

Here are just two examples you can see from the sample issue:

Is this composite mark generic?

Does this art print depicting golfer Tiger Woods violate the Lanham Act or his right of publicity?

The crux of the holding in this case hinged on the visual appearance of the mark. But, if you read summaries from other publishers, you wouldn't get to see what the case was really all about. They don't show you the marks or other matter in dispute, but The Cutting Edge Report does.

 

Now, you can actually see what the cases are really all about.

How can you fully understand and appreciate the complex issues in this case by reading the court's 100+ page opinion, or case summaries from other publishers, when they don't even show you what the whole case was about?

The Cutting Edge Report also includes illustrative images to breathe life back into the cases. For example, for the Case Summary Report about a case that decided whether the name of a restaurant was geographically misdescriptive, we found and included images of the restaurant so you can see what the whole dispute was about. See it in the sample issue.



Are back issues available on the site? What if I miss an issue?

You'll never miss an issue of the Report because back issues are maintained on the site in the Archive Issues section.



Will I be able to search the current issue and back issues?

Yes. Subscribers can search the current and back issues. This is especially helpful in those situations when you've heard of a new case recently but can't remember the exact case name – easily find the case by searching for whatever terms you do remember, i.e., the marks, the goods or services, legal issue, etc.

We use an advanced search program that allows you to perform boolean searches and customize how the results appear.

The search feature is available only to subscribers. But, here's a disabled version of the search page so you can see the extensive options you'll have for your searches.



Can I be notified when new issues are published?

Yes. As a subscriber you'll receive an e-mail notification when each new issue is published. You won't have to remember to check new issues of The Cutting Edge Report. We'll remind you when new issues are published, because we know you already plenty of things to remember.



Why is the Report published exclusively online?

Publishing online provides readers with benefits not available with paper publishing, such as:

  • The Report is instantly delivered to you – no "snail mail" delays.
  • No stacks of paper periodicals piling up in your office – print or save only what you're interested in.
  • You can search the current and back issues in a flash – no more rifling through piles of printed back issues to find what you're looking for.

The power and convenience you get with online publishing is one of the key benefits of subscribing to The Cutting Edge Report.



Who writes the Report?

The Editor of The Cutting Edge Report is an experienced practicing trademark attorney – a colleague who understands your needs as a fellow practitioner.

Our Editor, David L. Ainbender, Esq., is a veteran trademark attorney who has represented major brand owners and has served as an adjunct Professor of Trademark Law. Every Case Summary Report contains his break down and analysis of the case and the legal issues involved.

A 1984 graduate of Stanford Law School, he has extensive and broad trademark law experience that includes litigation, clearance, licensing, brand management and enforcement, and registration prosecution on behalf of leading national brand owners.

  • You can learn more about our author here.




What is in the free newsletter?

Our free Cases of the Month e-mail newsletter selects two cases of interest each month from The Cutting Edge Report, and provides links to the Cases of the Month case summaries (and accompanying court opinions) featured at CuttingEdgeReport.com. You can learn more about the free newsletter and subscribe here.



Can I subscribe online now and get instant access?

Yes. You can subscribe online with a credit card using our secure encrypted payment processor. You will immediately receive your user name and password. We also accept checks if you do not want to instantly subscribe online. Subscribe now and don't miss any of the latest case law developments.



What is the "no risk" subscription offer?

You may cancel your annual subscription for any reason at any time within 30 days after you subscribe and receive a full refund, as stated in the Subscription Agreement (six-month subscriptions have a 14-day refund period).

The only risk here is the risk of not subscribing and missing important new trademark case law developments.



We'd like to get multiple subscriptions – are there discounts for multiple subscriptions at a firm or company?

Yes. Group discounts are available for multiple subscriptions at a firm or company. Find out more here.



Are there subscription discounts for educational institutions, faculty and students?

Yes. We offer a 20% discount for libraries, professors and students at qualifying educational institutions, such as law schools and universities. Find out more here.




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