Original air date: 8.13.20.
This course has expired and is no longer eligible for CLE.
This webinar will explain why ”V-ENE” (Virtual Early Neutral Evaluation) is a good fit for COVID-19 era disputes in general, why it's a good fit in particular for many Trademark/Trade Dress disputes, how such V-ENE might actually work advantageously for such disputes, and how it can be implemented efficiently in practice.
The use of various forms of Alternate Dispute Resolution (ADR) such as Early Neutral Evaluation (ENE), Mediation, and Arbitration, in the IP arena—especially regarding Trademark/Trade Dress disputes—is established but underutilized. In typical times, traditional litigation—with all of its pros and cons—is the norm. In this highly atypical COVID-19 era, however, “business as usual” and ordinary litigation practices may be deemed less than optimal.
Right now, and for some time to come, people will be reluctant to travel, to meet other people in person, or even to go into their own offices. And courts and administrative agencies—including, of course, the U.S. Patent and Trademark Office—have been stymied and slowed down significantly. Companies that usually engage in traditional litigation are functioning with reduced staffing, protecting their executives and employees from contagion, while watching their profit/loss indicators cautiously. Accordingly, approaches that are less time/money/stress-intensive may be appealing. This is especially so for ENE, which is the most immediately available and usually the least intrusive and expensive of ADR modes. And since ENE can be effectively conducted in “virtual” format, it may be the best approach.
Presented by: Kenneth Germain of Wood Herron & Evans LLP