Report on Luna Pen case
PA major 0420830
Q1. If you were in Erika’s position, what steps might give you the best chance of achieving your goals?
First of all, I think it’s rather dangerous to prepare negotiation plan solely based on stereotype of specific race/nationality. But still it’s foolish to ignore cultural difference. Since negotiation counterpart Feng is not from mainland China but from Taiwan, I believe there would be little or no disadvantage of Erika being female. But in case DGG is planning a bigger picture (for example, sharing distribution system of Global Service in Asia region) than just resolving trademark right issue, I think it is better to consider the fact Taiwanese regard Guan-Xi (relationship) as important aspect in terms of long term, friendly relationship. Therefore it would probably be a good idea to prepare a male represent with similar position to Erika along with her.
Secondly Erika needs to gather more information about the counterpart; Feng and Global Service. After all, negotiation process is to find compromise or creative option between my constraint conditions/needs and their constraint conditions/needs. I’ll discuss about it more in following Question #2.
Thirdly, Erika needs to build up negotiation plan. She need to determine what DGG intend to/should earn and how far DGG can back down. After defining goals & constraints (or setting Maginot Line), assuming the worst case scenario is also important step. In this case, the worst case possible could be something like this; “Feng & Global Service refuses to negotiate, pointing out that DGG abandoned and stop making product under the name of Luna. Thus DGG is left with no other choice but to file an uncertain lawsuit which would be both time consuming and costly.” To prevent this from happening, it would be unwise to start the first contact with firm stand like writing Feng that his company must cease its unauthorized use of the Luna name, and...
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