Power Points For Representing A Case On Trademark Dilution

By Dorothy Stone


There are companies that have established their presence in the market and have a strong name attached to them which makes them sell. However, incidences do come about where another company tends to misuse that privilege which is commonly referred to as trademark dilution. This is a violation of the law and has grave consequences. Representing such a case is hard and for you to win, there are a couple of things that need to be in place.

Establish the kind of dilution that has occurred in your firm. Two types of this error occur which are blurring and tarnishing. Blurring will be seen where another company comes up with something that is similar to yours and which has harmed the market share that was previously enjoyed. Tarnishing, on the other hand, is where an organization uses them to sell products that are considered inferior and against set principles.

Ample time must be given when it comes to the investigation so that they can get ample information pertaining to this matter. Moving to court with half cooked information is an assurance of a defeat which is not what the client expects. At the same time, gather this information both from the complainant and the defendant to get the real issue that is in discussion here.

Registration follows next once everything else roles in motion. If an individual finds that the information is sufficient to launch a case, they can move in and register it in the appropriate court of law. This will be followed by issuing of summons that calls out the two sides in front of a jury for a discussion on the matter. Doing this early enough creates the possibility of an early completion.

During the case, present sufficient evidence to show the originality of a trademark spotting clearly where the grievances have set it. According to the act that has governed this sector, there must be sufficient evidence to prove the wrong that the defendant has done. This would mean going back into history and registration documents from the registrar of companies to prove this point.

Combine a number of skills when one is presenting the issue to a jury. It goes without argument that a confident, fluent communicator and a convincing person is in an excellent position to pull a victory. The character of these representatives is one that is supposed to be convincing enough to make things go through. Put up arguments that drive the intensity of this dilution case home and eliminates the doubts that could be looming.

Additionally, it is essential that the person must be one who can take the suggestions that are offered to them during this period. Acting alone is likely to create loopholes that have the power to create doubt and which end up leading to a loss. Preferably, work on a consultation platform that allows you to gather details that add better insights into the matter and for the sake of being thorough.

In conclusion, give space for multiple solutions to this issue. Though the end result is supposed to win, a rivalry is not supposed to emerge from the issue. An absence of this space has the likelihood of generating problems in the future since a negative competition could sprout up from this and develop into grave consequences. Allow a number of alternatives that are a win-win situation without creating any adverse conditions expensive to you and the defendant,




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