[E-trademarks] Settlement language - uses beyond party's control

[Daniel Kegan]

Tom,     Mondy   29 April 2024

Good faith helps. Reality more important than two words in a document, although the words might help a bit.

Practically, “plaintiff”(or its atttorney) is more likely to monitor the Internet than “defendant.”
Cordial relations between/among attorneys help.
In the settlement document drafting, can help to have a list of currently known uses, now deemed improper,
and when defendant learns of an improper use it’s duty to seek to remove/correct it and notify plaintiff.


Daniel Kegan *  847-452-2599
Baron Harris Healey, Of Counsel
<DKegan at BHHLawFirm.com>
<http://www.BHHLawFirm.com>
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA

On Apr 29, 2024, at 7:17 PM, Tom Vanderbloemen via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
Friends –
Sometimes parties agree to a rebrand and to stop use of a term/name/mark, but despite best efforts it keeps cropping up, especially on the internet.  This can be from third-party and even auto-populated services (like online maps, listing services, or “profile” services – “Is this your business?  If so, claim this profile.”).  If any of you have wonderful language to include in settlements to address this reality and how it’s hard to really erase anything from the internet, I’d love to take a peek.  I think it can help diffuse tensions and set expectations.
Thanks! Tom
__________________________

Tom Vanderbloemen
Vanderbloemen Law Firm, P.A.
330 East Coffee Street
Greenville, SC 29601
864-250-9530 (main)
864-501-2627 (direct)
www.vanderbloemenlaw.com<http://www.vanderbloemenlaw.com/>

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