TMAE Summit 2025Before It Gets Lit(igated): Sober approaches to avoid litigation
Alt Legal Team | July 26, 2025
At the TMAE Summit on September 16-17, 2025, Isaro Carter (The Carter Firm) presented the session, “Before It Gets Lit(igated): Sober approaches to avoid litigation.” Download presentation materials here. Here are some key takeaways from the session:
- Monitoring – TMAs are usually first to notice issues with monitoring and being proactive helps to stay ahead of issues. Trademark disputes tend to turn out the best when handled early, within first 30 days of identifying a conflict. By monitoring you can reduce risks. Beyond traditional monitoring services, you can monitor USPTO filings, marketplace platforms like Amazon, eBay, and Etsy, domain registrations, industry publications and press releases. You can also monitor digital sources including social media platforms, app stores, Google alerts, and review sites.
- Evidence Collection – Think about evidence collection early on. TMAs are the guardians of evidence collection and must preserve the chain of custody and maintain clear documentation of when and how evidence was collected. This is especially important when it comes to documenting screenshots, collecting physical evidence, and organizing evidence.
- C&D Letters – TMAs are integral to the cease-and-desist letter process, providing crucial support to the legal team through meticulous documentation, thorough research, and efficient process management. Some strategic procedures for C&D letters at large orgs including having standardized procedures and template libraries, multi-level cross-organizational processes, formal escalation triggers and decision trees, and risk committee oversight. For smaller organizations, they need to be more nimble. They may have TMAs at opposing organizations deal directly with each other, come up with creative remedies, and offer flexible timelines. Overall, always know when to pivot – if standard procedures aren’t working, don’t be afraid to get in there and make some changes.
- Letters of Protest – Letters of Protest are underutilized but powerful tool for third parties to convince the USPTO why a pending application should be refused. They are very cost-effective and address problematic applications very early on, avoiding formal opposition proceedings and litigation. Handling a LOP is great opportunity for a TMA.
- Negotiation and Settlement – You can approach negotiation and settlement with either a firm approach or a collaborative approach. However you choose to proceed depends on the severity of the infringement and the potential value of the business relationship.
- Understand various approaches for negotiation and settlement – When negotiating settlements, you may use coexistence agreements, license agreements, or phased transitions. Be sure that any agreement includes specific performance metrics, compliance verification mechanisms, and clearly defined breach remedies. A sharp TMA is invaluable and should be in charge of tracking obligations, compliance calendars, deadlines, and performance metrics.
- Before entering a negotiation and settlement – It is crucial to conduct a thorough cost-benefit analysis to assess the potential impact on your organization. Consider brand impact (confusion, reputational damage, etc.), legal costs, risks, and allocation of resources, and potential business value (relationship opportunities, market potential, competitive dynamics.)
Speaker
Isaro Carter
, The Carter Firm
With a steadfast commitment to empowering clients and protecting their legacies, Isaro Carter leads The Carter Firm, strategically focused on intellectual property, business law, and estate planning. Based in the heart of New York City, her practice supports entrepreneurs (in the creative industries and otherwise), for-profit organizations, and families. Isaro began her legal career in entertainment law, providing foundational support to industry talent. Her practice has since evolved, branching into broader legal disciplines to deliver comprehensive counsel that transcends immediate needs, securing her clients’ work, assets and legacies for decades to come. In addition to her practice, Isaro has contributed her experience as a co-professor at the Brooklyn Law Incubator & Policy (BLIP) Clinic, guiding future legal professionals in addressing emerging challenges in intellectual property and business law.