Before jumping into litigation many trademark owners decide to engage in negotiation efforts in hopes to reaching a settlement. Litigation can prove to be very long and costly. Many times the correct decision is to avoid it by attempting to work with the other party. No matter which party you are, it is important to establish who registered the trademark first and to conduct preliminary research to understand all the facts at play. Next a strategy should be devised. Threatening letters may prove useful, but they are not the only way to go about this. Sometimes courteous correspondence may be more effective at establishing a climate where both parties can work together. Possible settlement options include changing or phasing out a name after a set duration or when existing stock is sold or limiting use to specific items, markets, or regions. A monetary settlement or a license agreement are also options. Such settlements do not have to occur during prelitigation, but can always be kept open as an option during the other litigation stages. Alternative forms of dispute resolution such as mediation and arbitration are available to parties hoping to avoid litigation.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.