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English Negotiation

V: Good afternoon! Valerie Mitchell at your service! E: How do you do? Melanie Brantt, pleased to meet you.V: As you know, the reason of our meeting concerns the lawsuit between Glow Industries and Sweetface Fashion, regarding the conflict of the brand names for the products promoted.E: Yes, I have been informed by my client, she has given me all the necessary details.

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V: Alright, should we proceed? E: Yes, please. V: My client decided to take legal action against Sweetface Fashion due to the unauthorized use of the name ‘Glow’ for its products.

As a result, Glow Industries demands Sweetface Fashion to take immediate measures in order to stop selling the successful Jennifer Lopez perfume under the same brand name as the one used by them. E: First of all, let me get the things clear. Sweetface Fashion registered the brand of the famous perfumes as ‘Glow by JLo’, which means everything has been done under strict regulation. I have brought you the official documents which provide evidence for the legal framework. Have a careful look yourself. V: I perfectly understand what you are showing me and I see nothing wrong so far.

However, it was Glow Industries that first came up with the idea of ‘Glow’ for its line of cosmetics. So, I believe it is easy for you to understand that we have intellectual property rights. As a result, we are fully authorized to claim damages given that you adopted our brand name without consulting us. E: You cannot claim damages for something that legally speaking did not cause you any specific injuries. And I remind you that a few moments ago I have shown you the registration paper that clearly states all the conditions and even you agreed that there is nothing you can object about.

V: Yes, we can claim damages, given that the simultaneous use of this brand could represent a disadvantage for both companies. E: Absolutely not! Sweetface has built itself an image on the market which is different of Glow Industries’. They are completely different artificial entities. There is no point in what you are saying. V: This is exactly where I was trying to get. If you do not accept our conditions, taking into account that Sweetface Fashion has known a strong growing period and is still in the expansion phase, refusing to do so would virtually affect the trust of your clients in your promoted brand.

Besides, a lawsuit takes a lot of time and it is very expensive as well. Are you willing to do that? E: It is true that the expansion of Sweetface would be somewhat delayed, but given its large dimensions compared to Glow Industries, it wouldn’t have the same impact on the profits. V: Well then, I see you are willing to face Glow Industries in court. I would like to let you know that if we win the case, we will not only keep the ‘Glow’ name for our products, but we will also ask for 20% of the annual profits made by Sweetface.

E: Let me tell you something too. There is also a large possibility for Glow Industries to lose the case. If that happens, Sweetface Fashion would be interested in acquiring Glow Industries and enlarge the number of shares. V: That’s out of the question! Glow Industries is a company with a longtime tradition for over 30 years. Under no circumstances we’ll sell it to Sweetface Fashion! No way! E: I am more than convinced that what I am about to tell you will get your attention.

Sweetface Fashion has recently acquired a company which has been selling its products under the name ‘Glow’ and was the first one to ever use it. So, if you refuse to sell, Sweetface Fashion will be even more interested in taking further legal action against you. You wouldn’t like that, would you? V: So, we either win a small part or lose it all. E: Now you seem to get my point. V: Alright. Given the context, how much would Sweetface Fashion offer us? E: Starting at $4 million. V: No way! We ask for at least $10 million as we have been a successful company.

E: You must be joking. V: Not a bit actually. E: We could give you $5,5 million and nothing more! V: $7 million and nothing less! E: $6,5 million, I insist! V: $7 million. This is our last word. You may take it or leave it! E: Alright, you’ve got a deal. If you lose the case, Sweetface Fashion will acquire Glow Industries for $7 million. But if you win, you will only get a small share of the profits. V: We are taking that chance. E: Well then, see you in the court! It was a pleasure to negotiate with you. V: The pleasure was mine. E: Have a nice day! V: Goodbye!

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