“aggressive” enforcer of IP rights.122 The lawyers stated that having such a reputation itself had a potential prophylactic effect of deterring would-be infringers and thereby strengthening the owner’s IP rights.
The lawyers also stated that they believed opposing counsel who represented targets in trademark and copyright dispute negotiations took them and their clients more seriously when opposing counsel
understood that the IP owners were regular enforcers of their rights. In fact, several of the lawyers stated that they made sure to stress their clients’ previous experiences—and successes—in IP enforcements in
and out of court during the course of negotiating with opposing counsel. One lawyer explained as follows: