NOVEMBER 2008
Mediation spells trade dress success
Richard Posell explains why mediation may be a particularly attractive option for resolving trade dress disputes
| One-minute read |
| As litigation costs continue to rise amid increasing economic turmoil, companies may want to consider mediation to resolve IP disputes. There are a number of benefits to doing so. First, many of the reasons parties are often reluctant to mediate can be explained as little more than myths. Second, particularly in trade dress cases, which can be highly subjective and where case law is often inconsistent, mediation may prove especially effective. Finally, the flexible nature and low cost of mediation can allow parties more freedom to negotiate agreements that succeed where judicial relief often fails. |
Mediation is a process of dispute resolution that is familiar to trade mark practitioners. Mediation at an early stage is uniquely useful in trade dress cases that are particularly unpredictable, expensive to litigate, often highly technical and unsuited to judicial resolution.
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