Tips For Winning During A Trademark Dilution Case

By Dorothy Stone


There are companies that have established their presence in the market and have a strong name attached to them which makes them sell. However, incidences do come about where another company tends to misuse that privilege which is commonly referred to as trademark dilution. This is a violation of the law and has grave consequences. Representing such a case is hard and for you to win, there are a couple of things that need to be in place.

Basically, there are two types of dilution that do exist and that is tarnishing and blurring. Establish the one that has really happened as they also do have different approaches when it comes to their solving. Tarnishing is where another firm uses the trademark for a purpose that goes against the principles which are not welcoming. Blurring will occur when an organization produces one that is close to yours in the negative motive.

Spend time investigating the matter so that there is sufficient data to launch the matter. This forms a critical part of this issue since it gives the actual information regarding a matter and also eliminates that which has no legal basis. While at this, it is advisable to go on both sides so that there is an understanding of what has transpired and had the full picture before presenting the case.

Make a complaint or registration early enough where a court sermon is issued on the other side. Going behind the use of the law is wrong and has the potential to drag the firm into more problems. Therefore make a formal report which is followed by court sermons for the two sides that have an issue. This makes everything formal and ensures that there are no compromises made in the legal process.

Make a point of availing information that is strong enough to make a win, the most important thing here in these cases is making sure that there is sufficient evidence. This will be collected early enough during the initial stages. Your evidence is the strategy to a victory and this implies that one must be in a position to present that which will be convincing enough in a court.

Another thing to ensure is that there is the incorporation of great negotiation and communication skills during the sessions. The appearance and the talking of an individual are supposed to be the way gathering a winning bit all the time. A confident and convincing person is likely to prove their point better than that one that is not since they are able to pull concentration from all parties present.

Be open for information and suggestions from other participants. Many attorneys fail in such cases from the fact that they do not give space for collection and additions. This gives weight to the matter and also eliminates those issues that could otherwise be a danger to the mater. Specifically, listen to the owner of this matter since they have the raw information that is required to prove points in a court.

Finally, a couple of solution for options is the way to move forward at any one time. Note that the key to these issues is making sure that the individual is able to get a fair solution and not end in a negative climax. Therefore, accept a variety of options for the matter when the case goes your way. It also sets out the positive side of the trademark in question which improves their position in the market.




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