Klára Hrdličková and Bohuslav Lichnovský have recently advised our client, a worldwide known fashion brand, in a successful settlement of a long dispute over the use of a trademark with a US clothing manufacturer. This enabled the client to obtain the trademark under favourable terms and to expand into the US.
Our client has sold and promoted its goods in the US under unregistered trademark for several years, without any complaints or requests made by any third party. The current dispute started at the end of 2018 when our client received a cease and desist letter from the US clothing manufacturer requiring it to cease any imports in the US and settle previous alleged violations of its trademark. After the client turned at us for a help, we immediately analysed possible steps and scenarios, went through these with the client and selected a strategy to approach the dispute. Through fierce negotiations and several escalated calls, we managed to strike a deal.
As a result, the dispute was settled and the client obtained full rights to the disputed trademark. All this for a price significantly lower than costs of standard US trademark dispute at a court. This will enable client to expand into the US without any fears of third-party claims. Client is now also able to stand its ground against any manufacturers trying to take a part of its success by using the same or similar trademarks in the US.
Are you unsure about possible conflicts with foreign trademarks? Be sure to contact our team to consult your situation.