BarbriSFCourseDetails

Course Details

This CLE webinar will guide trademark attorneys in understanding the role that mediation can play in resolving their clients' disputes. The panel will provide background for mediation in general, including the different styles of mediation, and explain the typical mediation process, before exploring issues in mediation particular to trademark disputes. The panel will then provide guidance on ways to increase the chances of success in resolving trademark disputes through mediation.

Faculty

Description

It is beyond doubt 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.

Outline

  1. What is mediation?
    1. Historical background
    2. Objectives of mediation
    3. Advantages over litigation
    4. Different mediation models including facilitative and evaluative approaches
  2. The mediation process
    1. Pre-mediation
    2. Opening statements
    3. Private sessions
    4. Negotiation
    5. Settlement and closing
  3. Trademark mediation
    1. Differences between trademark mediation and other subject matters
    2. Possibilities for coexistence
    3. Registration issues
    4. Monetary payments
    5. Extraterritorial concerns
  4. How to succeed in trademark mediation
    1. Generate solutions
    2. Recognize positions versus interests
    3. Engage in reality testing
    4. Sharing information and dealing with confidentiality
    5. Tackling impasses

Benefits

The panel will review these and other key issues:

  • How should attorneys prepare their clients for trademark mediation?
  • What can counsel do to help their clients generate solutions during mediation?
  • How should attorneys deal with impasses to avoid the need to proceed with trial?