Trademark litigation

INTELLECTUAL PROPERTY RIGHTS | TRADEMARK LITIGATION   Trademark litigation involves a dispute over whether one party has encroached on the other trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration or packaging of a product line has been infringed. Unfair competition claims, often asserted together with trademark claims, can be made when a defendant product is likely to confuse the public as to the affiliation between goods, services or companies. It can also include false advertising.   The Trademark Litigation considers the statutes, rules, regulations, and decisional law relating to or arising from litigation that involves trademarks, trade names, or unfair competition affecting trade identity, as well as statutes, rules, regulations, and decisional law relating to or arising from such litigation. Trademark protection can cover more than just a name associated with a product or service. For Example, protection can be provided for color, the shape of a container, and décor.   Trademark litigation cost varies substantially based on the case and the opposing party. According to one trade organization survey for the year 2000, the average cost through trial, where more than $1 million was at risk, typically ranged from $350,000 to $900,000 (depending on location), with the median being about $500,000. Most trademark litigation matters, however, are settled at a much earlier stage and at far lower cost. Although, like any other lawsuit, can be disruptive of business, the disruption to technical personnel tends to be less than in patent or trade-secret cases. To protect business assets and well worth it in appropriate circumstances trademark litigation is worth it.   Trademark litigation unfolds the battle between the sellers who argues over the defendant's conduct is confusing to the consumers. The plaintiff defends the trademark while simultaneously protecting the consumers at risk for confusion. The results gives a short shrift to the interests of non confused consumers who may have a stake in defendants conduct. Thus the courts are too receptive to nontraditional trademark claims where the consumers harm is questionable. Better outcome are resulted by appreciating the trademark litigations parallel status as a conflict between consumers. The interest of benefited and harmed consumers also minimizes the excessive weight in trademark cases. By considering the trademark's consumer conflict dimension, it becomes a useful device for trademark expansion and for accessing the future doctrinal developments.

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