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You can catch more flies with honey than with a lawyer…

By In civility, dispute resolution, trademarks On July 9, 2014


Here’s how a little civlity, humility and professionalism averted what could have been a lengthy and expensive trademark dispute.  We should all strive to follow their example; I wish they could all go this smoothly.

It wasn’t really a course, but yes, I did a one-day event in May called xxxx.  It grew out of my business coach’s comment, “I know what you do … you xxx the xxxxxxx.” And it seemed perfect for the skills I teach.  No, I didn’t check about trademarks, and I was not aware that it belonged to anybody. I didn’t even know it was possible for a phrase like that to belong to anybody! 

I might have done a similar event in the future, but of course I respect your request and I’ll find a different name for future endeavors. And now I know that whatever I come up with, I should trademark it!

Sorry to have stepped on [your] toes.  Please let me know if you need a hard copy of a letter from me, or if an emailed response to your email is enough of a written assurance.

Regards,
xxxxxx

 

Hi, xxxxx,

Thank you for your prompt reply and assurance that you will refrain from using xxxxx in the future. It was with many strategical discussions and at a great legal expense that we decided on XXX and then to trademark the name in the US and Europe so we take steps to protect the name.

Best of luck to you in your search for a new name.  We believe in your word that going forward that you will not use xxxxx, more than a paper letter or email chain could provide, we believe in your integrity and professionalism.


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