Originally from Dispute Resolution Journal

Preview Page

THE CHAIRMAN (Cameron K. Wehringer): For the third time, the Committee on Arbitration of the New York Patent Law Association meets in the offices of the American Arbitration Association to jointly seek knowledge. Trademarks and arbitration is the general heading. By using the closed session technique (successfully used with experts in copyright law and with authorities on patent problems) we shall seek answers to eight topics.

As before, your words will be recorded. After editing and review, the transcript may be published. Perhaps a book embodying the three sessions will result, if the American Arbitration Association can make arrangements for it.

The eight topics, as noted in our earlier correspondence, are:

1. Is arbitration suitable for trade-mark problems?

2. For any type of problem, or what type?

3. Does a monetary consideration enter into the question of suitability?

4. Does the fact of a law question, as distinguished from a fact question, affect suitability?

5. Is the matter of appeals, or a lack thereof, a factor in suitability, and is this related to the monetary consideration question?

6. Can arbitration affect questions that require Patent Office action? Can arbitration be adapted?

7. Should the Arbitrator be learned in trademark matters, or be as a judge and with judicial temperament foremost?

8. Is there any difference if this is a domestic or a foreign trademark problem?