It never ceases to amaze me how many business opportunities are lost as a result of lawyers being so caught up in their threats, that they fail to see the opportunity for companies to work together. I am working on a matter right now where one of the top social networking sites for women is allegedly infringing on a large newspaper publishing concerns magazine trademark. The publishing company’s website is pretty weak, with extremely limited traffic. It is a perfect opportunity for them to get in the game on the web instantaneously.
But the lawyers are so caught up in making threats that they can’t see the opportunity staring them in the face. Lawyers sometimes forget that their client’s interest is business, not law and certainly not litigation. “Protecting their client’s interest” sometimes means stepping back from the threats and focusing in on the opportunity.