Originally from Dispute Resolution Journal

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It is not my intention to argue either in support of or against arbitration insofar as trademark disputes are concerned, but merely to review those situations which may lend themselves to arbitration. In passing, I suggest that many of us, either intentionally or otherwise, have committed ourselves in the past to arbitration. I am referring to contracts, such as trademark or patent licensing agreements, where we have included the standard arbitration clause. I have prepared contracts which include the standard arbitration clause and, conversely, I have recommended the execution by clients of contracts prepared by others that did include the standard arbitration clause. When I speak of arbitration I am not necessarily limiting myself to an arbitration proceeding which is held in accordance with the Rules of the American Arbitration Association. I may add that I have yet to be involved in an arbitration proceeding. One area in which consideration should be given to arbitration is trademark interference proceedings. An interference proceeding is not declared until the Examiner of Trademarks has satisfied himself that the goods and the marks are similar and that the only question involved is which of the parties has priority of adoption and use. An interference proceeding falls in the same category as oppositions and cancellation proceedings, in that the parties may take discovery procedure and testimony in support of their position, submit briefs, attend oral argument, etc.This can invovle a good deal of expense.