Eric Goldman over at the Technology & Marketing Law Blog has some harsh words for the recent Report to Congress on Trademark Litigation Tactics.

He calls the report “worthless”, a “complete whiff”, “useless”, and a waste of tax dollars.

In addition, David Pardue over at the Trade Secrets and IP Today blog calls it a “whitewash“.

Now I really can’t wait to read it.

In the meantime, if you’ve read it, what do you think about it?

And, what were you hoping it would say and/or accomplish?

  • I was very interested to read this – it chimes with my thoughts about the way trade marks are used in the UK and throughout the European Union. More than just a matter of litigation though: the absolutists file extravagantly wide claims (there being no need to show use), register fragmentary trade marks, and oppose others’ applications on spurious grounds. One client of mine had a multinational oppose its application, filing 1200 pages and 2 CDROMS of evidence to support it. How could a small business counter that? The trade mark system is being used anticompetitively here – I look forward to further acquaintance with the Dept of Commerce report too.

  • Trademark infringement is a big issue and mostly business with high value suffer from that. Its easy to suppress small companies over trademark so its wise to choose trademarks very carefully.