Trademark Bullying

Apparently has led to the creation of a new blog entitled Trademark Bully — Kindly Back Off!

The TrademarkBully.com domain was registered just days ago, by someone who has shielded their identity (doesn’t real blogging require transparency?) and it resolves to a WordPress Blog, with a couple of initial posts from yesterday.

It also reveals 

It appears the USPTO, once again, has extended the period for submitting comments on what originally was termed a study regarding “trademark bullying,” but was later characterized as a study on “aggressive trademark litigation tactics” — so, for those of you still interested in submitting comments, the new deadline is February 14, 2011.

Apparently, the

–Susan Perera, Attorney

Dusting off the archives, you may remember a 2009 blog post by Tiffany about a trademark infringement lawsuit initiated by Levi Strauss against Abercrombie & Fitch over the back pocket design on the respective parties’ jeans.

In that case the jury determined that the pocket designs, shown below, were not confusingly similar;

Who says that being a large corporate trademark owner is one of the prerequisites to earning the emotionally-charged, pejorative, and ill-defined label “trademark bully“?

Well, the original directive to the USPTO appears to assume that “trademark bullying” is a one-way street, disfavoring only large corporate trademark owners, and ignoring the possibility

Last October, as you may recall, I wrote this in a post entitled “The Mark of a Real Trademark Bully“:

[T]he U.S. Patent and Trademark Office (USPTO) is currently seeking information about various litigation tactics, including whether “you think trademark “bullies” are currently a problem for trademark owners, and if so, how