Dispute Resolution/Litigation

Recent matters:

  • Filed proceedings in the High Court of Justice, England (Trademark, Passing Off and Tort of Conspiracy)

  • Mediation in complex IP and commercial matter, London

  • Trademark Invalidation proceedings, Civil Chamber (Geneva)

  • Invalidation proceedings filed in Turkey for a sportswear brand

  • Summary judgment application TTAB, USA

  • Successful appeal in the Federal Court of Australia, IP dispute

  • Successful appeal in the High Court of Singapore, IP dispute

What is Litigation?

 

Litigation is generally thought of as the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal. Litigation also encompasses administrative or regulatory processes for establishing legal rights and resolving disputes.

Solving disputes and issues

 

Many legal disputes are resolved through direct negotiation, often based on advice, but without formally filing a claim to commence litigation. In fact, only a small percentage of litigated cases proceed through trial. Most are settled through negotiation, mediation, arbitration or other forms of alternative dispute resolution (ADR). In mediation, a neutral mediator assists the parties' efforts to reach a settlement, but does not have binding decision-making power. Arbitration is a relatively informal adjudicative process in which the arbitrator's decision is usually binding. A wide range of contracts include mandatory mediation or arbitration provisions and many court-related programs offer one or more forms of ADR.

Knowing your case

 

It is essential in any dispute that you know your case. What is the nature of the dispute? Who is the dispute with? What is the evidence? These questions seem simple but is is not always the case. If you get the party wrong or are in the wrong jurisdiction, it can be costly and fatal to the success of the case. The assessment and obtaining of evidence is always very important, the quality of which is vital to the success of the matter.

Evidence

 

Evidence supporting a case generally starts with an affidavit or a statement of the evidence. Affidavits or a statement of evidence needs to be taken carefully knowing the threshold of the quality required and the subject matter of what needs to be proved or disproved.