Originally from Dispute Resolution Journal

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I. NO MATTER THE VALUE OF A TRADEMARK, THE SETTLEMENT OF A TRADEMARK DISPUTE AS EARLY AS POSSIBLE IS THE BEST RESULT

Even at the point when the trial is starting, a settlement is often better than a judge or a jury rendering an opinion or verdict because it can save the parties large risks, money and time.  More importantly, it can save one or both of the parties’ untold aggravation.  The speed, cost and ease of resolution are very important factors why mediation should be your preferred method of dispute resolution.  This article will explore the factors that make mediation a good alternative to litigation and provide the reader with a path to mediation as the preferred method of dispute resolution.

II. TRADEMARK AND UNFAIR COMPETITION LITIGATION IS EXPENSIVE

At an American Bar Association meeting in 1984, Chief Justice Warren E. Berger stated “Our litigation system is too costly, too painful, too destructive, and too inefficient for civilized people.”  The 2015 AIPLA Report of the Economic Survey  shows that for trademark litigation where there is a value of more than $25 million dollars the median fees and costs for this type of litigation, as expressed by survey respondents, was $1 million dollars in 2014.  Interestingly, the 2015 survey also included a question on the median cost for mediation for such a dispute and the median cost was approximately $100,000.00.  Mediation at the beginning of litigation can save the parties more than 90% of the costs of litigation. My experience with the AIPLA survey is that for a case that is hard fought for longer than one year, the median figures can be dwarfed at the high end.