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Legal Observer, SoftSettle Support

The organizations dealing with IP related matters may probably try to avoid a costly, lengthy and resource-intensive lawsuits so far as they do not want to get them drained financially with expending heavily against the IP battles in the courts. Although resolving intellectual property disputes can be technically complex, time-consuming, resource- draining, and adversarial, ADR offers solutions that can reduce the complexity, time, cost, and controversy.

May be the Intellectual Property law being uncomfortable with complexities, yet it can be dealt with the due diligence and fairness by means of applying the tools of Alternative Dispute Resolution so as to make sense in respect of saving time and money consumed heavily in litigation. As everyone knows, IP litigation tends to be protracted and lethargic. We can analyze a case being dispensed by Mediator Affair, how ADR in a digital form could resolve a trademark infringement issue.

A computer software company in Bangalore claimed that a global software corporation infringed its product trademark. The software company did not go to the high court so far as they have found Global Software Corporation, very vital to market their goods in case they could able to license their products with them after a settlement deal by means of Online Dispute Resolution

Hence they resorted to Mediator Affair. It was understood that the product gained a good turnout in the eastern states of India. But the software company did not use its trademark throughout India. During the resolution process, the software company claimed that damages award should be based on granting the opposite party a hypothetical license to use the mark within India. This license would include hypothetical royalties.

As the software company claimed a large sum of damages so far as they could unable to show a loss of current profits, it was suggested to the opposite party Global Corporation to come in terms with the Software Company in the caucus session. Had the software company approached or move the High court, the Global Corporation would have penalized with actual and statutory damages. As such, they were advised to play in tune with the composition of the software company.

The corporation accepted these points before the mediator issued proceedings. However, the corporation countered by stating that the software company would not suffer any loss as a result of their actions.

Software Company waived the claim so as to bring the Global Corporation with adequate license to market their product all over India

The interests of the parties got worked out.

The free IPR/ODR consultancy services provided by SoftSettle Support (Mediator Affair) offers effective ADR options for complex, evolving IP matters before a dispute arises and at every stage of the resolution process.