Recovery Brands, Lawsuits – Avoiding Common Mistakes in Consumer Injury Suits
It has been well documented and repeatedly confirmed that most major corporations and most law firms have, for many years, been engaging in a massive campaign to protect their brands from being named in litigation or legal accountability. This is because they know (or believe they know) that if they are named in such a case that their reputations and financial futures would be at risk. Of course, the same corporations and law firms go on to employ large teams of highly paid brand reputations management experts whose sole purpose is to “cater” to the attorneys representing their client. They will attempt to discredit any and all opposition to their preferred outcomes and/or strategies. In fact, if they win a lawsuit, it will almost always be on the basis of these very arguments and characterizations.
Recovery Brands Lawsuits
As you may be aware, these are the same strategies that are used by special interest groups who wish to destroy, marginalize, and ultimately suppress competing interests. Do you really want this to be the situation where the major players on the political playing field of American Law are constantly engaged in these characterizations and character attacks? And do you really believe that American Lawmakers want that to happen? I certainly do not. You should consider this.
You see, there is a very simple reason that these attorneys, corporate entities, and law firms are engaging in these tactics.
That is, they are extremely effective. It has been my experience that class action lawsuits, which are brought by the same attorney or law firm over a series of lawsuits, get settled quite easily before going to trial if the plaintiff’s lawyer has engaged in some degree of character attack and character assassination. It is much easier to get your day in court and have a trial than it is to wait many months before the case goes to a jury trial. Now then, let me ask you; do you really think that these lawyers and law firms are effective at representing the recovery brand name of their clients?
If your answer is no, I would submit to you that perhaps you are not fully aware of just what the concept of “character assassination” is and how it can be used in the courtroom. If you are absolutely sure that such accusations and character attacks are not based in reality, I would submit to you that you are not being fair to the Plaintiffs. Indeed, I hope you will please consider all this and think on it.
Now then, one could argue that “brand names” are nothing more than a synonym for “copyright protected materials”.
Fair enough. But, is it not also true that if the plaintiff files a suit that is truly “juries”, then the facts of the case will be inadmissible and the plaintiff will not be permitted to call his or her damages based on what the injury may have been due to their particular brand of defendant? Isn’t this a violation of the right to recovery when the defendant engages in these types of activities?
There have been many patent infringement cases involving brands of personal injury victims.
In those cases, the brand in question was actually the very products that caused the harm to the plaintiff. So, is the brand name irrelevant in such a situation? It surely is not. That’s because the damage was caused by something that was manufactured by the offending party and its distribution. Therefore, if the plaintiff can prove that the offending brand reproduced or manufactured the product with the specific intent to violate the law, then they must seek damages based upon the actual damages caused to the plaintiff.
If a settlement award is too small to cover the cost of production and distribution, then it is simply a loss to the brand name.
Further, if a brand that markets itself as an “energy drink” tries to get a lawsuit thrown out because some energy drink did not contain their brand name, then we have a brand name issue. Why is it important to distinguish between the brand names and the products? Sometimes it is hard to see the difference.
Some companies brand themselves as “health” and “beverages” companies. Does that make their products different from other brands? Some people believe so. Hopefully, you will consider this issue before joining the ranks of many defendants in the national so-called “Food Fight” as a means of getting compensation for injuries. The reality is that if the manufacturer can establish that their products are somehow legal, and consumers cannot obtain similar products elsewhere without a violation of law, then they will win on their claim for damages.