Re[4]: IAHC Proposal (Attacks Thereon)

[Sally_Abel@fwpa.com (Sally Abel)]

     Jerry:

>Sally,
     
>What is your feel for the benefit of an avoided challenge or law suit

In terms of ?????  Contrary the feeling some on the list have expressed about 
lawyers -- and in particular trademark lawyers, and by implication, me -- I 
believe that there is signficant benefit to all interests involved to avoid 
litigation if possible, and believe, for the reasons stated in my earlier mail, 
that what the IAHC is proposing provides an effective mechanism for 
pre-litigation resolution of disputes. 
 
>and the number likely to be avoided with the 60 day policy.

Obviously, this is hard to predict. The difficulty is that for every dispute 
that goes to litigation, a much greater number do not, and it is not possible to
know, with certainty why they do not.  My guess is, and this is purely a guess, 
that the number of avoided litigations potentially could be in the many 
thousands, worldwide and over time, particularly once courts start applying a 
laches analysis to a trademark owner's failure to act during the 60 day period. 
     
>Jerry Harder
>Senior Partner
>RTA, Inc.

Sally Abel
On my own behalf, and not on behalf of the IAHC