Trademark law is not scary or difficult. The key is to be organized and prepared. This guide was built to facilitate legal research following the Rombauer method. The Rombauer method is a dynamic, reliable, and flexible legal research methodology that focuses on building a reliable base of understanding and growing your knowledge in sustainable steps.
The Rombauer Framework is:
- Preliminary analysis (aka get organized and get some context)
- Search for Statutes
- Search for Mandatory Case Precedent
- Search for Persuasive Case Precedent
- Refine, Double-Check, and Update
We suggest reviewing the practical guide series that Bloomberg, Westlaw, or Lexis provides to utilize this guide best. Next, read one of the listed handbooks or practical materials (such as West's In a Nutshell series or Lexis' Understanding Trademark Law). Once you have a solid understanding of the fundamentals, begin preparing your research query. Is your issue state or federal or both? Which statute[s] is your problem going to fall under? What are your key search terms? What element of trade secret law do you need to understand better to make your case? What are the best defenses to your argument? Or, for research purposes, what is the relevant legislative history behind this? Generate a list of questions and key terms. Then dive in. With proper preparation, you should know from your preliminary analysis which issues are at stake and what primary sources you need to explore for your issue. And, of course, don't forget to check the currentness of the statutes and cases and ensure you have the most up-to-date information before finishing your research.
For more, check out this article by the University of Washington School of Law.
Good luck, and have fun!
