A Case for Mediating Trademark Disputes in the Age of Expanding Brands

Authors

David Allen Bernstein, Benjamin N. Cardozo School of Law

Abstract

This Note proposes that there is an alternative method that ensures the viability of brand names while avoiding litigation. Companies must be willing to enter a process which will explore the possibility of a mutually beneficial solution, perhaps in the form of a settlement agreement allowing both parties to use the mark or brand name. The process best suited to guide such parties and achieve such a result is mediation.

Disciplines

Dispute Resolution and Arbitration | Intellectual Property Law | Law

Recommended Citation

David A. Bernstein, A Case for Mediating Trademark Disputes in the Age of Expanding Brands, 7 Cardozo J. Conflict Resol. 139 (2005).
Available at: https://larc.cardozo.yu.edu/cjcr/vol7/iss1/8