Saturday, 24 November 2018

How To Gather A Win In A Trademark Dilution Case

By Dorothy Stone


Having a company that has dominated the market puts you in a position where a great name is developed and which makes it sell. The name opens great opportunities and can even be exploited to achieve greatness. Some firms may engage in trademark dilution which is a wrongful use of this chance and punishable by law. Taking this case to court will be the first step to justice and a win comes when the following is done.

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.

Spend time investigating the matter so that there is sufficient data to launch the matter. This forms a critical part of this issue since it gives the actual information regarding a matter and also eliminates that which has no legal basis. While at this, it is advisable to go on both sides so that there is an understanding of what has transpired and had the full picture before presenting the case.

Make a complaint or registration early enough where a court sermon is issued on the other side. Going behind the use of the law is wrong and has the potential to drag the firm into more problems. Therefore make a formal report which is followed by court sermons for the two sides that have an issue. This makes everything formal and ensures that there are no compromises made in the legal process.

Make a point of availing information that is strong enough to make a win, the most important thing here in these cases is making sure that there is sufficient evidence. This will be collected early enough during the initial stages. Your evidence is the strategy to a victory and this implies that one must be in a position to present that which will be convincing enough in a court.

Another thing to ensure is that there is the incorporation of great negotiation and communication skills during the sessions. The appearance and the talking of an individual are supposed to be the way gathering a winning bit all the time. A confident and convincing person is likely to prove their point better than that one that is not since they are able to pull concentration from all parties present.

Acting solely has the potential for mistakes and haphazard carrying out of functions. Therefore, make it a time to work with all the involved parties so that the matter is given the deserving weight. Again, this points out the loopholes that could develop and also backs it up with details that are likely to trigger a win in the end and eliminate the possibility of a loss.

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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