When trademark owners are accused of bullying and shamed in public, a common and knee-jerk defensive response to justify the cease and desist letter or enforcement action is: “We have a legal duty and obligation to police and enforce our trademark rights.” And, some might even go on to say: “If we don’t enforce our
While it is true that not responding to a trademark cease and desist letter is always an available option, I tend to believe it is rarely a good choice. The strategy of silence seldom makes the issue go away, it often ends up costing the recipient more money to resolve the issue, and it is…
In the midst of all our discussion about “trademark bullying,” I couldn’t resist picking up this “No Bull” postcard from Manny’s Steakhouse in Minneapolis, Minnesota.
You may recall Dan previously wrote about Manny’s promoting similar images with the phrase “One Helluva Sac Lunch”. Dan also noted the irony of the best beef coming…
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…
In the wake of all the discussion and debate over “trademark bullying,” NFIB (National Federation of Independent Businesses), the self-proclaimed Voice of Small Business, recently offered its members and followers “5 Steps to Avoid Corporate Trademark Bullying“:
- Do Your Homework;
- Choose a Descriptive Business Name;
- Use Common Sense;
- Consider Buying
“Trademark law is a complex, specialized area of law,” according to the International Trademark Association (INTA), as set forth in a recent communication to the USPTO.
So, I must ask, does substantial experience or the lack of substantial experience in handling trademark matters impact the current trademark bullying debate? And, if so, how?
There is another excellent webinar coming next week on April 6, dealing with the very hot topic of trademark bullying.
This one is provided by Strafford Publications, and the details are here.
Thanks to John Welch for his post on the program too.
As before, first two people to post a comment receive
It appears the topic of “trademark bullies” has been trending up recently. (For example, Steve Baird posted about an interesting Webinar that he moderated about dealing with “trademark bullies.”) Since I’m a shameless bandwagon jumper and fad follower (just ask my Pet Rock), I figured I’d write my own trademark bullying post in an…
Last month I mentioned a trademark bullying webinar available through Minnesota Continuing Legal Education (MinnCLE), here. Tuition was $95 for 75 minutes of action-packed discussion on this very hot topic, so, a real bargain.
Now, MinnCLE is graciously making it available for viewing free, here, so enjoy. (No CLE credit).
By way of…