Intellectual Property Mediation Services: A Practical Path to Resolution
Intellectual property disputes rarely fit neatly into a single category. A patent dispute may involve trade secrets. A trademark conflict may raise design patent or trade dress issues. A software disagreement may implicate ownership, licensing, data rights, and founder relationships all at once. For that reason, effective intellectual property mediation must account for how IP disputes actually arise and evolve in the real world.
Klemchuk Mediation provides a comprehensive range of Intellectual Property Mediation Services, allowing parties to resolve disputes at different stages of conflict and across overlapping IP rights—often before litigation hardens positions or business damage becomes irreversible.
Types of IP Mediation Services We Offer
Patent mediation addresses infringement, licensing, FRAND, joint development, and portfolio disputes, helping parties evaluate technical and legal risk while exploring business-driven solutions that courts cannot easily design.
For disputes involving non-practicing entities, NPE patent infringement mediation focuses on the economic realities of these cases, where litigation costs can quickly exceed settlement value and early resolution is often critical.
Trademark and branding mediation resolves disputes involving brand confusion, coexistence, unfair competition, and rebranding, balancing legal exposure with marketplace realities. Closely related, trade dress mediation addresses conflicts over product appearance, packaging, store layout, and overall brand presentation—areas where injunction risk and consumer perception can drive outcomes.
In disputes involving creative works and digital content, copyright mediation provides a confidential forum for resolving issues related to infringement, ownership, licensing, authorship, and online use. For single-image and online publication claims, image copyright infringement mediation offers an expedited, proportional process tailored to disputes where statutory damages and attorney’s fees can distort leverage.
Where product aesthetics are at issue, design patent mediation helps parties assess visual similarity and explore practical solutions such as redesigns, carve-outs, coexistence, or licensing—often before injunction risk forces rushed business decisions.
For disputes involving confidential information, trade secret mediation provides a private process to address misappropriation claims, NDA breaches, employee mobility disputes, and competitive intelligence issues—protecting sensitive information while guiding parties toward secure, business-focused outcomes.
As technology disputes increasingly arise while systems are live, software, SaaS, and technology mediation addresses conflicts involving development agreements, licensing, integrations, performance failures, data rights, and technology ownership—often allowing businesses to keep products running while disputes are resolved.
Many IP disputes now play out on platforms rather than in courtrooms. Online marketplace and domain name mediation addresses disputes involving domain ownership, takedowns, DMCA notices, counterfeit enforcement, unauthorized sellers, reseller conflicts, and ecommerce platform issues—providing faster, more controlled outcomes than platform escalation alone.
Finally, founder and partnership IP ownership mediation helps resolve disputes over ownership, control, exit rights, and future use of jointly created intellectual property. These disputes are often existential for a business, and mediation can preserve enterprise value while enabling clean separation or continued growth.
Across all of these services, the unifying principle is the same: mediation allows parties to focus on risk, timing, and business impact—not just legal positions—at a point where resolution is still possible.
In complex IP disputes, mediation is no longer a last resort—it is increasingly a strategic first step.
Ready to Begin a Conversation?
If you are facing an intellectual property or technology dispute, we are here to help. Mediation can reduce cost, maintain confidentiality, and support forward progress when litigation alone may not.
Request a confidential mediation session here.
Darin Klemchuk is a seasoned intellectual-property attorney, mediator, and the founder of Klemchuk PLLC, a law firm focused on IP, technology, and complex litigation. Through Klemchuk Mediations, he helps innovators, companies, and counsel resolve IP disputes earlier and more efficiently—often before litigation escalates—by applying decades of experience with high-stakes patent, trademark, and technology conflicts. Disclaimer: Klemchuk Mediation does not provide legal services.