[E-trademarks] Dirt Candy TM Dispute

[Carl Oppedahl]

  Over the span of many years, I have seen many situations where the 
step of getting lawyers into the situation made things far worse instead 
of better.  Many times my suspicion is that most of the blame would lie 
with one of the lawyers and not the other. That the blameworthy lawyer 
would either consciously or subconsciously select the behavior path that 
would make the most money for the lawyer, regardless of whether this 
would align with the interests of that lawyer's client.

There are many times where I ended up coaching my client about stuff, 
and then I suggested my client speak person-to-person with the nonlawyer 
human being on the other side.  And the clients would come back with a 
deal sketched onto a cocktail napkin.  The lawyers were then told "make 
it so".

And even then I can think of many times where once again the 
introduction of the lawyers into the situation, post-cocktail-napkin, 
ruined everything.  And again I would have the suspicion that most of 
the blame would lie with one of the lawyers.

Early in my law career some very seasoned lawyer tried to explain to me 
what the phrase "attorney and counselor-at-law" might mean in a better 
world.   That the service provider ought to be a counselor as well as 
(or sometimes instead of) being an aggressor.

On 2/14/2025 11:50 AM, Pamela Chestek via E-trademarks wrote:
>
> On 2/14/2025 10:23 AM, Miriam Richter, Esq. via E-trademarks wrote:
>> one month to rebrand is unrealistic in the best situation and use of 
>> the term “unlawful violation” in a “supportive” C&D is not conducive 
>> to warm and fuzzy feelings
> Hear, hear. The client asked for a "nice" cease and desist letter and 
> this sounds anything but nice to me.
>
> Pam
>
> Pamela S. Chestek
> Chestek Legal
> PLEASE NOTE OUR NEW MAILING ADDRESS
> 4641 Post St.
> Unit 4316
> El Dorado Hills, CA 95762
> +1 919-800-8033
> pamela at chesteklegal.com
> www.chesteklegal.com
>
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