In more detail
Fun Toast is the proprietor of three marks, a stylized "Fun Toast" mark, a stylized "Fun Tea" mark and a red "Fun" mark (collectively, "Fun Marks"). The dispute centered on the "Fun Tea" mark and the red "Fun" mark, as well as on the ownership of the Fun Marks. After negotiations collapsed, the parties mutually agreed to mediate the dispute under the WIPO-Singapore ASEAN Mediation Programme.
Over the course of 15 hours, the mediator held separate caucuses and visualization exercises to explore each party's perspective and to help the parties reconsider their positions. Strong emotions and beliefs in the parties' respective merits of their legal position had initially led to legal rigidity, but the mediator helped to bridge the gap by engaging in private and big-picture conversations and breaking down issues into manageable components. This facilitated the conclusion of a successful settlement addressing both parties' interests.
One of the key reframes was the mediator helping parties to redefine and understand what "winning" would mean by considering their true losses and gains that went beyond the strength of their cases. This helped the parties to have an objective perspective without the cloud of emotions.
This case highlights the potential efficacy of mediation as a mode of alternative dispute resolution, through a combination of premediation preparation and flexible mediation techniques.
Key takeaways
For organizations involved in intellectual property disputes, mediation offers a cost-effective and confidential alternative to litigation. Below are some of the key takeaway principles from this case:
- Effective mediation begins with thorough preparation. A mediator's preliminary meetings with each party enable better understanding of the parties' positions.
- The use of techniques such as visualization and reframing are useful tools in mediation that can help parties to look beyond their initial positions to arrive at a mutually agreeable resolution.
- This case highlights the importance of engaging a skilled mediator in arriving at amicable settlements.
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