Our resolved cases
Trademark infringement case: a corporate client could settle the alleged trademark infringement case in a short period
The client had started its business several months before it received a cease and desist letter demanding the client cease and desist its use of the trademark as infringing the notifier's registered trademark rights. Since the client did not take the notice seriously, it did not respond to the notifier even after it received the second letter. After being served a petition paper filed by the notifier for a provisional disposition order against the client alleging its infringement of the registered trademark rights of the petitioner, the client visited us for our advice about how to deal with the case.
We assessed the petitioner's allegations could be approved by the court and considering the client's usage of the alleged infringing trademarks was still for a short period, we advised the client not to contend with the petitioner, but to propose a settlement of the case in exchange for the client's plan to change its trademarks. The client agreed to our advice and it filed for new trademarks registration to show the petitioner the client's true intention to change the trademarks. On the other hand, we filed an answer brief contesting the petitioner's allegations with proposal for a settlement of the case by the client's change of its trademarks. Consequently, from the first date of the court procedure, the parties started to negotiate about how long the client would be able to use the original trademarks during its preparation of changing the trademarks and the client could settled the case without any damages payment to the petitioner on the second court date in about two months from the client's receipt of the petition paper.