Innovation, Not Litigation


Companies can become overly aggressive in their efforts to obtain and enforce intellectual property rights. For example, two days after special operations forces killed Osama Bin Laden, as my colleague Donna Chmura noted, Disney filed federal trademark applications for “SEAL TEAM 6” for toys, handheld computer games, Christmas stockings, Christmas tree ornaments and decorations, snow globes, entertainment and educational services and clothing, footwear and headwear. To say it was tacky is putting it mildly and Disney ended up backing down and abandonned its applications.

The United States economy is driven greatly by our creative talents and energies: think Hollywood, Silicon Valley, Big Pharma and a university system unparalleled in the world. Because of that, protecting intellectual property is extremely important and may even be considered a national security interest, especially when our economic lifeblood is being pirated in countries with little respect for our rights.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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