Issue link: https://read.dmtmag.com/i/241540
discovery against the other side. More times than not, they are NOT prepared to jump into immediate hard ball litigation if the "first strike" does not work. This will also show the court that you are ready, willing and able to defend yourself and have nothing to hide. Credibility sells, accusations don't. Remember, the opposition not only has had time to prepare, but also has to stick to their story in court, however unsupportable. Also, up front, the judge doesn't know a track link from a track shoe, so the party that is calm, credible and knowledgeable about the products, practices, and the industry will bond with the court. The one that makes long legal accusations, thin on facts, will not. In short, being ready to strike means not just having good facts, but having indisputable facts, as one false statement to the judge makes all of the truthful ones worthless. In one case, this resulted in the accusing OEM having to print six weeks of painful retractions in Rock and Dirt, pay a lot of money to the "target," and the client fired the law firm, the law firm fired the lead counsel, and the secretary and general counsel of the accusing OEM suddenly found reasons to "retire" sooner than expected. Enough said? The lesson here is to look at the big picture when crafting your corporate identity, both with an eye to protect it with copyrights and trademarks, and also to make it distinctive with the ability to stand alone. There is no reason to even think about copying a competitor. If you have a good story to tell about your company and its goods and services, do it and do it well. Don't let anybody copy you, either. In conclusion, Ann and I wish for you and your families the best of fortune, health and happiness in the coming year. ● Robert McIntyre Wegman, Hessler and Vanderburg 6055 Rockside Woods Blvd., Suite 200 Independence, Ohio 44131 Phone 01.216.642.3342 (office) 01.216.403.0516 (Cell) e.mail RWMcintyre@wegmanlaw.com IDA UNIVERSAL January-February 2014 57