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Strategic Considerations in Cross-Border Litigation

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  1. Strategic Considerations in Cross-Border Litigation Paul W. Reidl E. & J. Gallo Winery (Substitute Teacher for Jennifer Powers)

  2. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION

  3. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #10 Because the Voters Said it is Pronounced Cal-EEE-Forn-Ya or Every Dispute is Potentially a Cross-Border Dispute

  4. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #9 Because Only Losers Play the Lottery or THINK Before You Act

  5. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #8 Because a Stopped Clock is Right Only Twice a Day or Define Your Objectives at the Outset

  6. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #7 Because Fantasizing About Britney Spears is Just a Mid-Life Crisis or Know Thyself

  7. Reason #7: Know Thyself • What is your priority? • What is your use position? • Where are your skeletons? • Who are your witnesses? • Where are your documents? • Do you have good title to the marks?

  8. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #6 Because Wolves CAN Hide in Sheep’s Clothing or Know the Bad Guy

  9. Reason #6: Know the Bad Guy • What is their priority? • What is their use position? • Where are their skeletons? • Who are their witnesses? • Where are their documents? • Do they have good title to the marks?

  10. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #5 Because You Can’t Entrust Your Trademarks to the UN Security Council or Think and Plan for Yourself

  11. Reason #5: Tactical Planning • Never bet more than you can afford to lose • Isolate leverage points • Manage possible ricochet risks • Marshall your proof • Be consistent across jurisdictions • Remedies

  12. Reason #5: Tactical Planning • Leverage US discovery • Evidentiary formalities • Other links in the distribution chain • Survey(s) • Budgetary issues • Insurance coverage: theirs and yours • Do not assert unreasonable positions unreasonably

  13. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #4 Because General Custer Is Not a Role Model for Effective Leadership or Be a Leader

  14. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #3 Because You Have to Justify Your T & E Expenses for INTA Meetings or Use the INTA Network

  15. THE TOP 10 REASONS WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Reason #2 Because When You Find Yourself in a Hole, You Should Stop Digging or Know When to Hold ‘Em, Know When to Fold ‘Em

  16. AND FINALLY, THE #1 REASON WHY STRATEGY IS IMPORTANT IN CROSS-BORDER LITIGATION Because Unemployment Benefits Don’t Pay for Trips to Boca Raton