I’m a transactional attorney and not a litigator so I’m often seeking ways to resolve disputes through negotiation rather than through a lawsuit.
For example, I was recently brainstorming alternative resolutions with a client that is about to challenge an infringing trademark. We discussed how the client might combine resources and collaborate with the other party through a licensing or joint venture arrangement . Negotiation can be an attractive option because in a lawsuit sometimes only the attorneys win. Of course, you have to weigh the downsides of litigation against the possibility of being partners with someone who may have deliberately attempted to steal your intellectual property. You also need to make sure that the partnership arrangement doesn’t subject you to other types of liability.
The Case of Scrabulous Versus Scrabble
The case of Scrabulous/Scrabble illustrates a missed opportunity for adversaries to benefit through a joint effort.