We’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: ”The Mark of a Real Trademark Bully.”
Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an ability to “Find a Trademark Bully” or rank the “Biggest Bullies“.
Maybe I’m missing something, but it appears that the only investigative skill required to apply the label is one’s ability to count the total number of oppositions filed by a trademark owner.
So, never mind the size of a trademark owner’s portfolio, never mind the strength or possible fame of the trademarks within a trademark owner’s portfolio, never mind the number of conflicting applications filed by third parties who don’t search or aren’t well-advised about likely conflicts, never mind the reasonableness of the trademark owner in working to resolve and settle those concerns, never mind the trademark owner’s appropriate litigation conduct during the opposition proceeding, and perhaps most importantly, never mind a qualitative analysis of the actual facts and claims asserted by the trademark owner — ignoring all this, we’re led to believe that if a brand owner files a lot of trademark oppositions, it automatically earns the pejorative label “Biggest Bullies”.
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Communications & Media Law Updates, Intellectual Property Updates
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