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Written by : Kenyetta Vere
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I am trademark litigation attorney Enrico Schaefer and today on five things you need to know we're gonna be talking about five things you need to know about trademark litigation a lot of clients come to us and they say hey I've got a trademark infringement matter I've got a competitor or someone else who's infringing my trademark I want to file a lawsuit but you know what rarely do you ever start out by just filing a lawsuit there's a lot of things that you need to know before you step into court so on today's five things you need to know we're gonna be talking about trademark litigation the first thing you need to know about trademark litigation is that trademark cases are fact-intensive that means that there are very few hard and fast rules about who's gonna win who's gonna lose each case is different there are so many factors that go into the issue of whether or not someone is infringing your trademark that it is impossible to simply tell you what the result is going to be and as we always tell clients one fact can change the result and sometimes those facts don't reveal themselves until you're well into the case so trademark cases are fact-intensive the more facts you get to your trademark litigation attorney the better that attorney is going to be at telling you your odds of winning number two trademark cases can be expensive all intellectual property cases can be expensive patent cases are the most expensive but trademark cases are not far behind how much should you expect to spend if you get involved in trademark litigation typically you're looking at well into the hundreds of thousands of dollars to take a case from beginning to end now now all cases are gonna go from the very filing of the complaint all the way to a jury verdict many cases get resolved along the way and obviously if it resolves sooner you're going to pay less but you need to be able to fund the litigation and you need to be able to handle the legal fees which are going to quickly escalate into the the hundred thousand dollar range once you get into discovery in many instances it's well worth it to litigate your trademarks to protect your marks and extend your brain and the price of Poker is going to be well worth the result you're going to achieve number three tip in the world of trademark litigation you always need a battle plan you need to define the strategy and define the battle plan before you step into court that means you need to get your lawyer the facts let the lawyer research the law to see how they apply to your particular facts in your particular jurisdiction so that the lawyer can get you educated and help you understand exactly what the odds are of winning and more importantly to define a strategy to achieve your specific goals ever even clients goals are different you want a lawyer who's gonna find out what your goals are and to find a battle plan that is going to achieve those goals we always say that the law is a five-lane highway a lawyer can drift back and forth from shoulder to shoulder all day long and it's all legitimate they're still on the road but are they really advancing down the highway and the answer is no a good trademark litigation attorney will have a very defined very detailed battle plan at the beginning of the case before stepping into court all designed to achieve your goals number four you need to understand your case you need to understand the law you're the one that's gonna be making the decisions as you roll forward down the litigation highway you need to be in a position to say yes or no to decide a lot of important issues like how much Discoverer you're gonna do whose depositions are you gonna take what evidence do you have to bring to bear to help your lawyer win without understanding the law you're never going to be able to understand these issues and you're not gonna be much of a help we at traverse legal believe in a very well informed client we demand that you participate we demand that you understand the key legal principle so you can help us win your trademark litigation case number five number five number five is that trademark litigation can take a long time you need to be prepared for the long haul it sometimes takes 12 to 24 months to work your way through a jury verdict and not all cases settle before trial so you need to be committed to the case it's not enough that your lawyer is committed you need to be committed from beginning to end and be prepared to participate it's not only the soft cost of or the hard cost of paying the attorneys but it's the soft cost of time and resources that you are going to expend to help win your case those are our five tips for trademark litigation for the day and we'll see you next time on five tips here at Travis legal
Thanks for your comment Esteban Prestipino, have a nice day.
- Kenyetta Vere, Staff Member
So oioi Lang Mai Cho Aiba visits South American
Thanks Lane your participation is very much appreciated
- Kenyetta Vere
About the author
I've studied diachronic linguistics (or historical linguistics) at Linfield University in McMinnville and I am an expert in cell biology (outline). I usually feel dorky. My previous job was parking enforcement officer I held this position for 4 years, I love talking about embroidery and exercise. Huge fan of Robert Sean Leonard I practice fishing and collect fabric and textiles.
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