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1. Parties: Identification of the trademark owner and the alleged infringer, including full legal names, registration numbers, and addresses
2. Background: Recitals explaining the trademark ownership, nature of the alleged infringement, and the parties' desire to settle
3. Definitions: Definitions of key terms used throughout the agreement, including 'Trademark(s)', 'Infringing Material', 'Effective Date', and 'Settlement Sum'
4. Settlement Terms: Core settlement provisions including payment amounts, payment schedule, and admission or non-admission of liability
5. Cessation of Infringing Activities: Specific undertakings to cease and desist from all infringing activities, including deadlines for compliance
6. Remedial Actions: Required actions such as destruction of infringing materials, modification of branded items, or withdrawal of trademark applications
7. Releases and Waivers: Mutual releases from claims related to the trademark infringement
8. Confidentiality: Obligations to keep the settlement terms and negotiations confidential
9. Representations and Warranties: Each party's assertions about their authority to enter into the agreement and other relevant matters
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures
1. Future Business Relationship: Terms governing future business interactions, used when parties plan to have an ongoing commercial relationship
2. License Terms: Include when the settlement involves granting a limited license to use the trademark
3. International Enforcement: Required when the settlement needs to be enforced in multiple jurisdictions
4. Public Statements: Guidelines for public communications about the settlement, needed when public disclosure is anticipated
5. Monitoring and Compliance: Procedures for monitoring compliance with settlement terms, useful in complex cases
6. Alternative Dispute Resolution: Mediation or arbitration procedures for future disputes, recommended for international cases
1. Schedule A - Trademark Details: Complete details of the relevant trademarks including registration numbers, classes, and jurisdictions
2. Schedule B - Infringing Materials: Detailed inventory of all materials deemed to be infringing
3. Schedule C - Payment Schedule: Detailed payment terms, installment dates, and payment methods
4. Schedule D - Compliance Timeline: Timeline for implementing all required remedial actions and cessation of infringing activities
5. Schedule E - Agreed Public Statement: If applicable, the approved format and content of any public statements about the settlement
6. Appendix 1 - Evidence of Infringement: Documentation of the alleged infringement (photos, screenshots, samples)
7. Appendix 2 - Trademark Registrations: Copies of relevant trademark registration certificates
Retail
Consumer Goods
Fashion and Luxury
Technology
Food and Beverage
Pharmaceuticals
Manufacturing
E-commerce
Media and Entertainment
Professional Services
Automotive
Telecommunications
Legal
Intellectual Property
Brand Protection
Compliance
Corporate Affairs
Risk Management
Business Development
Marketing
Executive Management
Legal Counsel
Intellectual Property Manager
Brand Protection Manager
Commercial Director
Chief Legal Officer
Trademark Attorney
Compliance Officer
Business Development Manager
Chief Executive Officer
Risk Manager
Corporate Secretary
Intellectual Property Coordinator
Brand Manager
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