11th Cir. Pattern Jury Instr. (Civil) 10.1

[Name of plaintiff] claims that [name of defendant] has infringed

[his/her/its] registered trademark. To prove [his/her/its] claim, [name of plaintiff]

must prove the following facts by a preponderance of the evidence:

1: [Name of plaintiff] owns a trademark that is entitled to protection; and

2: That [name of defendant] is using a mark that infringes upon [name of

plaintiff]’s trademark.

[You are instructed and must accept as a fact that [name of plaintiff] owns a

federal registration of the trademark [he/she/it] seeks to protect in this action. It is

[name of defendant]’s burden to prove that [name of plaintiff]’s trademark is

invalid.]

[This instruction should be used if the parties do not stipulate regarding a federal

registration:

You must first find that [name of plaintiff] owns a federal registration of the

trademark at issue in this case. To do this, you must find that the trademark is

covered by a registration on the Principal Register of the U.S. Patent and

Trademark Office. If you do not find that [name of plaintiff] owns a federal

registration, then you must determine whether [name of plaintiff] owns a

trademark that is entitled to protection. [If it is disputed whether [name of plaintiff]

has a registered trademark, the unregistered trademark instructions also should be

given.]]

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