Joint Defense Agreement

A Joint Defense Agreement (JDA) is a legal agreement between two or more parties who have a common interest in defending against a legal claim or investigation. In the context of trademarks, a JDA may be used when multiple parties are accused of infringing the same trademark or when multiple trademark owners are challenging the same alleged infringer. The agreement allows the parties to share confidential information, coordinate legal strategies, and allocate costs and resources without waiving attorney-client privilege or work product protection. JDAs can be beneficial by reducing duplication, inconsistency, and conflict among the defendants, and by presenting a united front against the plaintiff. However, they may also have drawbacks, such as loss of control over strategy, exposure to discovery from co-defendants, and potential conflicts of interest. It is important to carefully consider the benefits and risks of entering into a JDA and to have clear protocols for communication and decision-making among the parties.