Trademark Mediation: Preparation, Generating Creative Solutions, and Navigating Impasses to Avoid Trial

Description

It is beyond cavil that litigation is expensive and time consuming. A small trial can cost tens to hundreds of thousands of dollars and a major trial can cost millions. Increasing court dockets have taxed the ability of the courts to render timely decisions--the time between filing and final judgment often takes years. It should be no surprise then that both litigants and the courts have turned to mediation as a means to try to settle disputes swiftly and inexpensively.

Trademark disputes are no different than other civil actions when it comes to their time and cost, and the role that mediation can play in resolving them. However, there are specifics to trademark cases which attorneys should take into account when advising their clients and in preparing them for mediation. Among other things, trademark cases are often less focused on monetary damages than other civil actions as the parties are often concerned with issues of marketplace use and registration. It is imperative that counsel be sensitive to these nuances and be prepared to help their clients think outside of the box and generate creative solutions that sufficiently protect those interests while avoiding the need for a court-imposed decision.

Listen as our experienced panel discusses their experiences in advising clients on ways to maximize success in trademark mediations. The panel will give context to mediation in general and walk listeners through the typical mediation process. Then, they will discuss the unique issues that come up in trademark mediations and propose ways that practitioners can help their clients amicably resolve their disputes and avoid proceeding to trial.