Downfalls of Pursuing Trademark Litigation


If you are a party to a case involving a trademark dispute, it’s quite common that you want to rectify the issues at hand and get an official decision or moving forward. Assuming that litigation is your only option, however, can be very detrimental to your case. According to research from the American Intellectual Property Law Association, the average cost of intellectual property lawsuit is greater than $400,000.

One of the reasons that cost can be so high in these kinds of cases is that intellectual property disputes typically involves specialized fields or highly technical knowledge. As a result, the discovery process can be extremely expensive. The basic nature of trademark disputes is also inherently complicated, leading to other difficulties in litigation. A judge or juror not familiar with trademark law would have to be brought up to speed in cases like this, causing unnecessary delays. The additional hiring expert witnesses to speak on behalf of your side of the case also add to the expense. It can also be difficult to determine appropriate damage awards in a trademark case, thus highlighting yet again the complexity of intellectual property cases in litigation.

All of the above mentioned reasons are factors that are causing an increase in the number of South Florida trademark mediations. Even though mediation can be just as or more effective than litigation for resolving trademark disputes, it’s typically done at less cost in a reduced amount of time. Since many trademark disputes are also time sensitive, mediation is frequently the far better route to pursue. Although litigation is certainly an option, it’s usually not the best avenue for individuals engaged in a South Florida trademark dispute.