Expanding the Brand: The Case for Greater Enforcement of Mandatory Mediation in Trademark Disputes

Authors

Max Vilenchik, Benjamin N. Cardozo School of Law

Abstract

Currently, far too many trademark disputes that could have been settled outside of court end up in litigation. While alternative dispute resolution (ADR) has become more prevalent in other areas of the law, many trademark attorneys and their clients do not regularly consider ADR processes, such as mediation, as one of their options because these processes are still relatively new to the trademark law area. This Note will propose that mandatory trademark mediation programs be expanded to ensure that trademark cases that are well suited for mediation end up in mediation rather than in mounting court dockets.

In Section I, this Note will first discuss the background and current problems associated with trademark litigation. Then in Section II, this Note will provide an explanation of the mediation process and highlight its particular benefits for resolving trademark disputes. Finally, in Section III, the Note will propose that the current problems with litigation and the substantial benefits of mediating trademark disputes warrant greater enforcement of mandatory mediation.

Disciplines

Dispute Resolution and Arbitration | Intellectual Property Law | Law

Recommended Citation

Max Vilenchik, Expanding the Brand: The Case for Greater Enforcement of Mandatory Mediation in Trademark Disputes, 12 Cardozo J. Conflict Resol. 281 (2010).
Available at: https://larc.cardozo.yu.edu/cjcr/vol12/iss1/13