Take note of Consent Agreements

Lawyers often help companies settle trademark disputes with consent agreements. These are agreements where the parties agree not to engage in certain behavior that could infringe the marks of the other party. It is remarkable how often the companies do not take the efforts needed to educate their staff about the terms of the agreement and implement procedures that comply with what was agreed to. The case of Gaither Tool, Co. vs. Summit Tool, Co. (ND Ill. Sept 5, 2012) teaches us that failure to take affirmative steps to comply with the terms of the agreement can result in liability for infringement.