World Intellectual Property - IP Laws - US
Alternative Dispute Resolution (ADR)
Infringement litigation in the US district courts is although a powerful weapon in the protection of trademark rights, the remedies available through litigation come at significant expense. Specifically, a party to a 'large' trademark infringement case can expect to spend well in excess of 41.5 million if the case is pursued to trial verdict. For 'small' disputes, where each party can expect to incur on average $370000 in legal expenses. Roughly two-thirds of litigation expenses are incurred by the end of the discovery process by which both parties are allowed equal access to relevant information with minimal judicial intervention. The primary tools of discovery are requests for production of documents, written interrogatories, requests for admission and depositions. However, use of these discovery tools can be burdensome and time-consuming for both the parties alike.
Another major cost of trademark infringement litigation is the consumer survey. Some courts have found that failure to submit consumer survey evidence or other evidence of actual confusion gives rise to an adverse presumption on the issue of likelihood of confusion. The cost of a well-designed consumer survey can be expected to exceed $50,000. Due in part to their high cost, trademark cases often are resolved through settlement. Despite parties shared interest in early settlement, many trademark disputes are resolved only after expensive discovery and motion practice through a less expensive method ADR.
Attorneys play an essential role in facilitating efficient settlement, in part through their interaction with clients and with opposing counsel. They confer with their clients to determine priorities for the resolution of the particular concessions on certain grounds, facilitating compromise at minimal cost by using Alternative dispute resolution. Although ADR procedures tend to be under-utilized, it can be helpful in avoiding negotiation gridlock. For any
queries relating to our services and costs, please feel free to
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