Looking down the road to settle trademark disputes

By James McCarthy

Trademark disputes are largely unavoidable, but careful strategising around settlement approaches can turn conflicts into opportunities to add value to the brand involved in the dispute

Is another company using a brand that is just a little too close to your client’s trademark? Is it sending advertisements that are just a bit too similar to your client’s new campaign? If so, congratulations! You have a trademark dispute on your hands – which means your client either has built or is on its way towards building a strong and successful brand. However, the resolution of trademark disputes can either enhance or undermine the strength and value of trademark rights. In order to help trademark professionals to add value, this article examines how to set a clear goal for settlement negotiations, develop a plan for gaining leverage during negotiations and draft a thorough agreement.

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Issue 73