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Cardozo Journal of Conflict Resolution

Abstract

This Note will propose that large brands with broad trademarks develop internal strategies and departments which facilitate preemptive mediation and negotiations with smaller designers, ultimately deescalating disputes before any formal legal issues arise. These negotiations and mediations could lead to brand collaborations and new business ventures, could persuade smaller brands to stop their intellectual property infringement, and, in the least ideal situation, lead to a lawsuit. The strategies outlined in this Note, while focused on Adidas, can be applied by other fashion companies as well, as large brands often own many broad trademarks that small businesses might accidentally use. Businesses at large could benefit from preemptive mediation and negotiation, as most lawsuits are expensive and time-consuming.

Disciplines

Antitrust and Trade Regulation | Dispute Resolution and Arbitration | Intellectual Property Law | Law

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