What are my options for resolving a misleading and deceptive conduct dispute?
There are two options for resolving a misleading and deceptive conduct dispute, or a claim made against you by another party.
1. Misleading and Deceptive Conduct Dispute Resolution
While a strong litigation strategy might be the best approach in certain circumstances, often the preferable commercial outcome (particularly when defending a misleading and deceptive conduct claim) is to use alternative dispute resolution (ADR) methods such as negotiation or mediation to facilitate communication between the parties to reach a settlement to the dispute. If you are the party asserting that a competitor has engaged in misleading and deceptive conduct, we will prepare an appropriately worded warning notice or letter of demand to be sent on your behalf. If you have on the other hand received a letter of demand, we will provide you with clear advice on where you stand and develop an appropriate response to be sent on your behalf. In both instances, these initial correspondences will then open the lines of communications between the parties (or their lawyers) which creates an opportunity to explore whether a settlement commercially favourable to you can be achieved in the early stages of the dispute. In the majority of cases, misleading and deceptive conduct disputes will settle without the need for legal proceedings being commenced. Misleading and deceptive conduct and passing off disputes are often coupled with related intellectual property disputes such as trade mark or copyright infringement. Our intellectual property lawyers have a strong track record of achieving commercially relevant and favourable results for our clients.
2. Misleading and Deceptive Conduct Litigation
While we always put in place strategies to explore settlement opportunities sometimes the adoption of an aggressive litigation strategy is unavoidable and/or a necessary commercial strategy. At the start of any litigation we provide you with a clear roadmap showing you how a matter might unfold, with the timeframes and costs associated with each of those stages. We keep you informed of progress and fixed fees for every stage of the litigation process with what we call a Fixed Fee Litigation Structure. Also with our fixed fee project based approach it means you can take the matter in stages and retain certainty, control and transparency on your legal spend.
Our intellectual property lawyers have litigated in various jurisdictions including the Federal Court of Australia and Federal Circuit Court of Australia and bring a wealth of intellectual property experience to devise the strategy best tailored to your needs and those of your business.