The Internicola Law Firm, P.C.

Electronic Data as Key Evidence in Trademark Lawsuits

The world is constantly changing under the influence of fast-paced technological growth and the legal world is no exception. Electronic discovery, or "e-discovery," is a process by which important evidence is gathered from online documents for litigation purposes. Since its validation via amendments to the Federal Rules of Civil Procedure in 2006, e-discovery has become an increasingly important evidentiary asset.

Most recently, electronic discovery has proved its worth in trademark disputes. Many cases have now been decided based on electronically stored information; the treatment of such information as trademark property is a real problem in today's electronically based world.

Electronic information is inherently different from all hard copy data, and therein lies the challenge. Every piece of electronic information is coded with an "invisible" layer of metadata, which is basically data about data. Though metadata is not present in paper documents, it can be scanned into a computer and manually coded with Metadata.

The Metadata Problem

Metadata and other electronic information could serve as evidence of trademark infringement, or it could actually be a part of the infringement itself. However, the difficulty of preserving metadata creates unique challenges in avoiding spoliation in trademark cases. Spoliation occurs when relevant evidence is intentionally or negligently withheld, hidden, altered or destroyed.

For more information about the functions of a trademark and how a trademark impacts your business or franchise, visit our article library. A New Jersey business attorney can talk to you more about how a trademark infringement may affect your business or franchise.