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A family-owned, non-US company made small but legally significant trademark use in international commerce with the U.S. A larger U.S. corporation adopted the identical mark for competitve services, disregarding the smaller company's prior rights. After becoming mired for several years in a Trademark Trial and Appeal Board proceeding while the U.S. company continued its infringement, the smaller company came to us for counsel. Paul M. Fakler and Martin Schwimmer succesfully represented the company in the appeal of its TTAB proceeding, but also advised a more aggressive approach including the filing of a civil infringement suit, alleging reverse infringement based on our client's common law rights. During discovery, the larger company requested mediation, which has now resulted in a very favorable settlement for our client.
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