Trademark/Unfair Competition Mediation

AcThe average cost of hiring a trademark infringement lawyer to resolve a trademark dispute can range from from $300,000 to more than $1,000,000. The average cost of hiring a trademark infringement lawyer to handle your trademark opposition proceeding  is over $80,000 and such a proceeding will not stop a party from using your mark or award you any damages. The high costs are in part because qualified, experienced trademark infringement lawyers are in high demand. Intellectual property specialization and particularly trademark lawyers are specialists in a complex area of law and understand the layers of “gray area” that permeates trademark law. Because of this, the infringement attorney understands the need for thorough discovery, but this requirement results in a large burden on the parties and results in an expensive lawsuit. In addition, intellectual property expert witnesses are often essential and carry their own large price tag. Jurors are not trained in intellectual property and Judges are usually generalists in the law and do not have an extensive background as trademark infringement lawyers.. No lawyer can give strong assurances of prevailing, especially when the critical test, “whether the mark is likely to cause consumer confusion as to the source or origin of goods” is far from a black or white test. In addition, trademark disputes are often difficult to evaluate from a damages perspective. It can be challenging for the parties to produce evidence of damages they seek, and even more challenging for the jury to arrive at a fair award.