FROESE LAW
DISPUTE RESOLUTION LAW
Froese Law supports businesses in navigating and resolving disputes efficiently, strategically and in a business-savvy manner. Whether it is a breakdown in a business relationship, a contractual disagreement, or a third party infringing your intellectual property rights, we help protect your interests while aiming to preserve long-term value. Our approach focuses on practical solutions through negotiation, mediation, or, where necessary, litigation support.
Froese Law advises clients on risk mitigation from the outset, offering timely and clear guidance. We work to resolve issues before they derail your business, with a focus on outcomes, not drawn-out battles.
FROESE LAW SERVICES
Our Toronto dispute resolution lawyers bring extensive experience to a variety of services, including:
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Cease and Desist Letters: We craft clear and effective cease and desist letters to protect your IP rights and put potential infringers on notice.
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Trademark Opposition Proceedings: Our trademark lawyers in Toronto guide you through opposition proceedings to defend your brand against challenges.
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Trademark Cancellation and Expungement Proceedings: We assist clients in navigating the complexities of trademark cancellation and expungement to safeguard their intellectual property.
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Intellectual Property Infringement: Our IP lawyers in Toronto work diligently to address and resolve any infringements on your intellectual property.
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Online Infringement: We offer strategies to combat online infringements that can impact your business's reputation and bottom line.
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Mediation Services: Our mediation services help parties resolve disputes related to patents, trademarks, copyrights, and industrial designs effectively and amicably.
FREQUENTLY ASKED QUESTIONS
What is dispute resolution?
Dispute resolution involves the process of resolving IP disputes before they escalate into costly and complex litigation. It aims to prevent outcomes that are uncertain and can divert a business's focus from its core priorities. Our approach ensures that you can maintain your business's momentum while addressing any legal challenges.
What is the simplest way to resolve a dispute?
The simplest way to resolve a dispute is by identifying your goals and preferred outcomes. Maintaining a level head is essential, and understanding the law, assessing the facts rationally, and weighing the options are crucial steps. Avoid taking matters personally and stay focused on achieving results rather than engaging in performative tactics.
What are the three types of dispute resolution?
The three primary types of dispute resolution include:
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Arbitration: This can be either binding or non-binding and is typically stipulated in a contract.
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Mediation: In this process, parties attempt to resolve the matter with the assistance of a neutral third party.
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Negotiation: Here, parties work to resolve disputes themselves, often leading to quicker and more predictable solutions.
What is litigation?
Litigation is the process of taking a dispute to court, where a judge resolves the matter between the parties. This decision can be appealed (in most circumstances), but the costs do escalate with each step and the expectation is that the issues narrow, making it quite challenging to overturn earlier decisions. While there may be tactical reasons for this approach, it is not always the best option due to inherent uncertainties, lengthy timelines, and high costs. Litigation can distract businesses from their primary goals, which is why our team prioritizes negotiation and mediation to resolve issues efficiently.
What is a settlement in arbitration?
A settlement in arbitration occurs when parties agree to resolve their disputes during the arbitration process. This is often a preferable route as it can save time and resources compared to continued litigation.
What does Cease and Desist mean?
A cease-and-desist letter is a formal request to stop infringing on your rights, signalling that legal action may follow if the matter is not resolved. It serves as important notice that can help facilitate a resolution before escalating to litigation.
When should I consider sending out a Cease and Desist letter?
Once you obtain an IP right (such as a patent, trademark, and copyright), it is up to the rights holder to ensure that the scope of protection is enforced. A cease and desist letter is a tool that can be carefully used by IP rights holders to reinforce the scope of their protection. On the one hand, if you allow others to infringe your rights, then the scope of your protection can get blurry and can harm you in the future should you choose to enforce (ie. why did you not pursue it earlier against others?), however if you are overly broad and consequently too aggressive in sending out letters, this too can be perceived negatively (ie. bullying, anti-competitive). It is a delicate balance anad the dispute resolution lawyers at Froese Law can help.
What if I get a cease and desist letter?
If you receive a cease-and-desist letter, don’t panic. Take the time to review the letter carefully and contact our team of dispute resolution lawyers at Froese Law. We can help you assess the merit of the letter and guide you on how best to respond.
Froese Law is an award-winning branding, corporate and commercial law firm. Our team of lawyers and legal professionals are dedicated to structuring your business, negotiating your contracts and protecting, enforcing and commercializing your brand. Contact us today for a free consultation!