Tips For Winning During A Trademark Dilution Case

By Dorothy Stone


Starting and running a company is something that requires one to input a lot of effort and the moment it picks, one gets established in the market. This puts you in a position where one is able to enjoy great opportunities in the market that are courtesy of the fame made. Misuse of that privilege by another individual or company through trademark dilution creates a bone of contention solvable by the court. Winning this case will be facilitated by this incorporation.

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.

Take time to gather information about the issue that has been presented in order to get the true extent of the damage suffered. One will require gathering ample details so that they can point out what has really occurred and the extent of damage that is sustained. It, therefore, implies that you will have to study both sides to get a comprehensive understanding.

Registration follows next once everything else roles in motion. If an individual finds that the information is sufficient to launch a case, they can move in and register it in the appropriate court of law. This will be followed by issuing of summons that calls out the two sides in front of a jury for a discussion on the matter. Doing this early enough creates the possibility of an early completion.

During the case, present sufficient evidence to show the originality of a trademark spotting clearly where the grievances have set it. According to the act that has governed this sector, there must be sufficient evidence to prove the wrong that the defendant has done. This would mean going back into history and registration documents from the registrar of companies to prove this point.

Combine a number of skills when one is presenting the issue to a jury. It goes without argument that a confident, fluent communicator and a convincing person is in an excellent position to pull a victory. The character of these representatives is one that is supposed to be convincing enough to make things go through. Put up arguments that drive the intensity of this dilution case home and eliminates the doubts that could be looming.

Acting solely has the potential for mistakes and haphazard carrying out of functions. Therefore, make it a time to work with all the involved parties so that the matter is given the deserving weight. Again, this points out the loopholes that could develop and also backs it up with details that are likely to trigger a win in the end and eliminate the possibility of a loss.

In conclusion, give space for multiple solutions to this issue. Though the end result is supposed to win, a rivalry is not supposed to emerge from the issue. An absence of this space has the likelihood of generating problems in the future since a negative competition could sprout up from this and develop into grave consequences. Allow a number of alternatives that are a win-win situation without creating any adverse conditions expensive to you and the defendant,




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