Page 9 - Grapevine Jan-Feb 2020

In The Winery

sion. This process may take several more months.

By contrast, a trial in federal court is the process
with which people are more familiar. As with a
TTAB proceeding, the parties will make certain dis-
closures to the court and may argue about what
evidence may be presented, but the trial phase
itself is what people typically expect. It is a live
process in front of a jury and/or judge in which the
parties may call witnesses to testify and may pres-
ent physical evidence for the court’s consideration.
It is a more interactive process, where each side
may cross examine each other’s witnesses immedi-
ately. The whole trial process generally may take a
couple days to several weeks.

Conclusion

Whether at the TTAB or in federal court, a trade-
mark litigation is a lengthy, costly, and exhausting
endeavor. Whenever possible, parties should
attempt alternative means to resolve disputes that
are far less burdensome. But, when litigation can-
not be avoided, the parties should at least have a
full understanding of the timeline, the processes,
and the costs involved. While most cases at the
TTAB and in federal court settle, the parties should
be prepared for the case to go all the way through
trial. Every case is different, but parties should
expect a trademark case to take 1 ½ - 2 years to
complete, sometimes more. A TTAB case that goes
to trial will certainly cost in the tens of thousands
of dollars and often will reach six figures. A federal
court case will start in the hundreds of thousands
and may reach seven figures in more complicated
matters. It is imperative that the parties have a full
and frank discussion with their attorneys about all
of the issues discussed herein.

Brian Kaider is a principal of KaiderLaw, an intel-
lectual property law firm with extensive experience
in the craft beverage industry. He has represent-
ed clients from the smallest of start-up breweries
to Fortune 500 corporations in the navigation of
regulatory requirements, drafting and negotiating
contracts, prosecuting trademark and patent appli-
cations, and complex commercial litigation. bkaid-
er@kaiderlaw.com, (240) 308-8032

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