Click here for the Seventh Circuit’s new proposed pattern trademark jury instructions.* The committee that prepared the instructions included Northern District of Illinois Judges Kendall and Kennelly, as well as a broad spectrum of attorneys from academic, government and private practice.
The pattern instructions are impressive for their thoroughness. They are also very well cited, making them an excellent primer on Seventh Circuit trademark law. Of particular note, the instructions do not include a dilution instruction because since Congress’s 2006 revision of the dilution laws, there has not been sufficient appellate interpretation.
* The jury instructions are not yet in final form.