Settling a case, which is usually in the best interest of the conflicting parties, means staying focused on the specific business issues that are able to be resolved to protect consumers from being confused. Keeping the parties engaged in settlement negotiations to come to a meaningful resolution of the issues raised comes together much sooner when lawyers are not clouding the material business issues with personal jabs or frivolous motion practice designed primarily to raise the costs of the case. One factor you identified as contributing to incivility was a lack of adequate legal mentorship. Has there been any progress in this area? I am seeing an increase of mentorship programs, which I believe is helping the platform. Law firms and legal organisations, at the private and state level, are engaging in stronger pushes for mentoring. Some organisations have default assignments of an experienced attorney with a less experienced attorney. Some ask for volunteers. However, either way, my experience over the past couple of years is that the overall state of conduct is more civil. Advocating hard for your client’s rights does not require incivility. In fact, when my opponent is a skilled advocate, I find that the respect level is heightened and we get to resolution quicker. What other developments have you witnessed? Has the lifting of pandemic-era restrictions allowed companies to build out their IP portfolios? Even during the pandemic, it seemed THOUGHT LEADER 77 In trademark cases, creativity in resolving conflict for consumers’ benefits is a key component to settlement.
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