Drafting Trademark Settlement Agreements to Resolve IP Disputes

Negotiating Exhaustion of Infringing Materials, Restrictions on Future Trademark Applications, Transfer of Domain Names and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, September 27, 2016

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to trademark owners on negotiating and drafting settlement agreements. The panel will offer strategies for pursuing, negotiating and structuring such agreements.

Description

When dealing with a trademark dispute, the parties should consider settlement options. This would avoid litigation costs and uncertainty. Settlement of the dispute eliminates the risk of an unfavorable result and avoids discovery and the need to produce confidential information.

Counsel to trademark owners must understand and carefully consider the potential ramifications of pursuing a settlement agreement before advising a client to seek or agree to a settlement agreement. Once the determination to settle the dispute has been made, drafting strong, enforceable settlement agreements is critical.

Listen as our authoritative panel of IP attorneys examines settlement agreements and outlines strategies for each stage of the process—from determining whether to pursue an agreement to negotiating and structuring the agreement.

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Outline

  1. Key considerations
    1. Timing
    2. Cost
    3. Other considerations
  2. Key provisions
    1. Scope
    2. Exhaustion of infringing materials
    3. Abandonment or cancellation of the alleged infringer’s trademark applications
    4. Removal of materials from the marketplace
    5. Restrictions on mark applications in the future
    6. Transfer of domain names
    7. Tax implications
    8. Confidentiality and non-disparagement
    9. Injunctive relief
    10. Payment
  3. Best practices for negotiating and structuring the agreement

Benefits

The panel will review these and other key issues:

  • What factors should counsel consider when weighing use of a settlement agreement?
  • What terms should be included in settlement agreements and how should such agreements be framed to best protect the client’s mark?
  • What are the risks to be aware of in negotiating settlement agreements?

Faculty

Andrew S. Hansen
Andrew S. Hansen

Partner
Fox Rothschild

Mr. Hansen represents corporations in an array of sophisticated litigation matters and provides strategic counsel in...  |  Read More

Dennis E. Hansen
Dennis E. Hansen

Partner
Fox Rothschild

Mr. Hansen represents and advises clients on trademark, advertising and brand protection, among other matters. He...  |  Read More

Elizabeth A. Patton, Esq.
Elizabeth A. Patton, Esq.

Fox Rothschild

Ms. Patton represents clients in all stages of litigation, from pre-suit advice through trial and appeal. She devotes a...  |  Read More

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