If litigation regarding your trademark cannot be avoided, then it may be best to try and end the litigation quickly. One option that can help cut costs and time is summary judgment. Summary judgment is allowed when there are no genuine issues regarding material facts. A genuine material issue of fact an issue regarding a fact that would impact the result of litigation and is an issue of fact support by evidence. The benefit of reasonable doubt is given to whichever party is in opposition to summary judgment. It is not permissible for an issue of fact to be created in order to prevent summary judgment. Summary judgment may be allowed if a case is very complex and even if likelihood of confusion is one of the issues. Minor issues of fact may also prove ineffective at halting summary judgment. Summary of judgment will likely be granted where there is a completeness of record. This means that the facts are not contested, there was a thorough discovery period, and that a trial is not necessary for proper judgment. Summary judgment has also been used successfully where there were long delays by one party and cases regarding fair use. When used correctly, invoking summary judgment can help you save time and money when fighting trademark infringement.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.