Legal Question in Intellectual Property in Illinois
Trademark/Settlement Question
I was offered a settlement for $2500 for the claimed disgorgement of profits relating to a particular trademark. At the time I received the first correspondence claiming a complaint - the applicable trademark in question was not being used by myself. In fact there were no profits made by me (ever) but to a third international party the previous year before the complaint was known to me- as I was just a 'middleman'. It may be considered reasonable to simply agree to the settlement but what rights do I have if I decide to accept the settlement, I simply don't have $2500 to pay out. Are there (legal) allowances for payment plans or even time alloted until a payment plan can be feasible?
1 Answer from Attorneys
Re: Trademark/Settlement Question
If you insist on negotiating your own settlement without benefit of an attorney experienced in these things to handle this for you, then you can ask for whatever you want as part of the settlement deal. You also don't have to take whatever's offered to you, you are expected to negotiate. If you want a payment plan, ask for one.