How does mediation help resolve trade dress cases more effectively than litigation?

Litigation is costly and uncertain, particularly when subjective concepts like consumer perception are involved. Mediation allows both sides to explore creative, business-focused solutions—such as phased redesigns, coexistence agreements, or packaging adjustments—without the constraints of a courtroom. This flexibility often results in quicker, more commercially reasonable outcomes.

Darin M. Klemchuk

Darin M. Klemchuk is the Managing Partner and founder of Klemchuk PLLC.  He focuses his law practice on intellectual property and commercial litigation, anti-counterfeiting and IP enforcement programs, and legal strategy for growing businesses.  You can connect with Darin via email or follow up on LinkedIn.

http://www.klemchuk.com/team/darin-klemchuk/
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Can mediation prevent the need for a redesign or rebranding?

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What qualifies as trade dress in a legal dispute?