Page 11 - The Katten Kattwalk - Fall 2025 - Issue 30
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involved in trademark disputes, as well as INTA • A list of key players (people and companies)
members. Today, the INTA Panel of Neutrals (Panel) and the titles/roles of those participating in the
is comprised of experienced trademark professionals mediation
who are members of INTA and have met established
requirements to become a member of the Panel (see • A summary of past settlement history (so the
mediator knows what numbers or options have
INTA’s Directory of Trademark Mediators).
been bandied about, even if those numbers or
Pre-mediation submissions options are no longer on the table)
The best pre-mediation submissions the author has Other things that may be helpful in submissions:
seen in litigated trademark disputes often include
the following: • Preliminary (or final) reports by industry or
trademark authorities
• A brief outline of the legal causes of action and • Excerpts of deposition transcripts with significant
their elements
statements highlighted for the mediator’s review
• A brief outline of the most significant facts (and • A confidential summary of each side’s views of
evidence) supporting liability and damages
the barriers to settlement in the instant case
• A clear outline of how damages (that it and some possible ways for the mediator to
realistically seeks) are calculated and are likely to handle those barriers (e.g., are there personality
be proven at trial conflicts, special client issues, etc.)
• Copies of key contracts, correspondence, • A confidential statement distinguishing a party’s
registration certificates, insurance policies and strong arguments from its weaker ones
other key documents, with relevant portions • A confidential summary of other interests or
highlighted for the mediator’s review
objectives that might lead to creative solutions
• Photocopies of trademarks/trade dress in use, to the dispute
advertising and products at issue
• Any other private requests about how the
• Copies of statutory provisions or leading cases mediation should — or should not — be
in the jurisdiction addressing the major legal conducted
issues most likely to be disputed
Some mediators strongly encourage the parties to
• A chronology of key events exchange their pre-mediation submissions with each
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