Options Following an Adverse Decision

Going to trial is usually not preferable because there is always a chance the judge or jury does not agree with you. If this happens you do still have several options. You can still attempt to negotiate a better settlement with the other party. Odds are both sides are weary and eager to arrive at a resolution, so this may be worth an attempt. Another option may be to file a motion for reconsideration or reargument. This may be allowed if certain important things were non considered, overlooked, or there was an obvious misunderstanding. Attempts can also be made to alter the scope of the relief that was granted. If all else fails, then it might be possible to appeal the decision. Things to consider on appeal include whether the law was applied correctly and whether factual error were present. Appealing will not be easy, but given the subjective nature of trademark law it may be worth considering. After an adverse decision review all your options carefully.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.