An Underused Way To Resolve Trademark Disputes

Law360, New York ( August 8, 2014, 10:04 AM EDT) -- Brand owners often find themselves pursuing or defending claims before the Trademark Trial and Appeal Board — whether it's to enforce their brand or to obtain a new registration. Board proceedings involve fact discovery, experts, summary judgment motions and trial. The cost of these proceedings can often be significant and the average case takes four years from inception to final decision. One way to minimize the costs and streamline the process is to take advantage of the board's accelerated case resolution procedure (the "ACR"), which allows the parties to stipulate that, in lieu of trial, the board can resolve any genuine dispute of material fact. In essence, summary judgment briefs are treated as trial briefs, and decisions are rendered within two years (which is half the normal time frame)....

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