Many established global businesses have recognizable brands and compliance strategies.  They

• have invested in IP portfolios,
• use third party monitoring companies for take-down notices,
• engage with CBP at the border,
• have in-depth expertise of regulatory compliance requirements, 
• know what licenses to get and from whom,
• are aware of what language has to be on product labels and where,
• know which products are governed by which agency, and
• take advantage of international IP treaties to cost-effectively protect brands everywhere!

While most global businesses charge licensees with the responsibility of ensuring compliance with local rules and regulations, most mom ‘n pop business owners usually just have really great ideas and no licensees at all.  Perhaps even more importantly,  international businesses often at least  appear to have bottomless pocketbooks; most entrepreneurs simply do not. 

The existing global marketplace thrives on confusing and conflicting jurisdictional IP and agency regulations while, at the same time, it thrives on seemingly simple borderless eCommerce transactions to generate tremendous wealth and opportunities.  This is an economic conundrum pristine for the seasoned litigator, right?

But sometimes an army of lawyers works against the best interests of the most successful of businesses.   Sometimes prosperity in a competitive marketplace depends more upon successful business relationships than it does on aggressive litigators. 

What if a major brand owner suspects that its most loyal customer is using an infringing logo?  What if a licensor thinks that its most profitable licensee is selling outside of its assigned territory?  The answer is simple, right?  You need to protect your brand no matter what.  It’s time to go to court! 

But hold on.  Going to court is very expensive and litigation takes a very long time.  And filing a lawsuit against anyone whether business partner or customer is a safe way to ensure an end date to that particular relationship.  What if that customer buys dozens of your product on a daily basis and consistently refers  friends, family, and colleagues to your site?  And how in the world will you replace that licensee you are thinking of bringing to court?  What if the diversion of product was accidental?  What if his contacts in that territory can’t be replaced?  Maybe you will completely jeopardize all sales in that region by publicly humiliating him with a courtroom spectacle after he has worked so hard to form close and personal relationships with his customers.  

 Protecting intellectual property is critically important for any business and disputes over IP are not rare.  But these conflicts do not always require a lawsuit.  Sometimes the smartest means of resolution is mediation – an alternative, expedient, confidential  means of problem solving empowering the parties themselves to craft an out-of-the-box, win/win resolution in order to preserve and oftentimes enhance mutual business objectives. 

 This is where the experienced IP Mediator who is first and foremost an IP Specialist can be of the greatest value. The beauty of the Mediation Table is that the parties first speak directly with one another before the confidential private caucuses take place.   The mediator is not a judge or a decision maker; she is an unbiased neutral serving primarily as a reality check of the parties’ interests in order to facilitate the mediation process toward that win/win agreement. 

 The parties themselves agree on the mediator directly and as a condition of proceeding. For this very reason, it is vital, particularly in IP-related disputes, that the mediator be an IP Specialist – – someone with substantial subject matter expertise able to create a comfortable, safe environment to quickly identify relevant interests and decrease the outside noise. 

 One of the benefits of mediation is that it is faster and less expensive than litigation.  An IP Mediator makes sure it stays that way; she is someone of inherent value from the get-go, already equipped with the requisite expertise  to facilitate smart and appropriate discussions about, for example, terms of licensing agreements, quantifiable damages, sell-off periods or the impact of foreign registrations.  You certainly do not want to waste time having to educate the mediator about what constitutes trademark infringement or the difference between a design patent and trade dress. 

It is 2025 and the world is moving in a million different directions all at the same time impacting your brand in a billion different ways. Whether you are an entrepreneur or a seasoned international conglomerate with factories on every continent, stakeholders must be visionaries, ready to partner with IP Specialists every step of the way – from brand creation to brand protection – to protect critical business assets and relationships.