Trademark Mediation - Talk It over
JAMS’ Joyce B Klemmer provides pointers for using mediation to resolve trademark cases
The cost of the litigation, the threat of injunctive relief, the complexity of the law, the frequent use of experts, and ever-present confidentiality issues all differentiate the trademark case from general commercial litigation. In many trademark mediations, counsel tends to focus on the law rather than the resolution. The parties will make significantly more progress in the mediation if they appeal to reason and not strictly legal arguments. Why does it make more sense to settle than to litigate? Because the parties control the outcome, and resolutions beyond the power of the court are available.
Full Article Below:
The cost of the litigation, the threat of injunctive relief, the complexity of the law, the frequent use of experts, and ever-present confidentiality issues all differentiate the trademark case from general commercial litigation. In many trademark mediations, counsel tends to focus on the law rather than the resolution. The parties will make significantly more progress in the mediation if they appeal to reason and not strictly legal arguments. Why does it make more sense to settle than to litigate? Because the parties control the outcome, and resolutions beyond the power of the court are available.
Full Article Below:
Related Topics
Latest Insights
Stay Connected
Sign up to hear about upcoming events or to access information or recordings of past events and webinars.