Wiemelt Knechtel

TRADEMARK BULLIES AND TRADEMARK BULLYING

Our trademark lawyers have significant experience defending individuals and small businesses against so-called "trademark bullies" or "trademark bullying."  As the United States Trademark Office has stated, a trademark bully "could be described as a trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow."  Trademark bullies are considered such a problem that legislation has been passed and the United States Trademark Office has begun studies to address trademark bullying and the litigation tactics of trademark bullies.  Indeed, the Trademark and Technical Conforming Amendment of 2010 directs the Secretary of Commerce to "study and report" to Congress on “[t]he extent to which small businesses may be harmed by litigation tactics attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner.”  Treble damages and attorneys’ fees may be awarded by a court against a trademark bully if a losing trademark bully was guilty of abuse of process in suiing.  It should be enough to justify the award if the party seeking it can show that the trademark bully's claim or defense was objectively unreasonable – was a claim or defense that a rational litigant would pursue only because it would impose disproportionate costs on its opponent – in other words only because it was extortionate in character if not necessarily in provable intention. Our experienced Phoenix / Scottsdale, Arizona, SW Michigan (Coloma) and Chicago trademark attorneys and patent lawyers offer a free initial consultation for intellectual property matters, including a preliminary review of cease and desist letters, websites, infringement complaints or lawsuits, and business insurance policies to determine the possibility of insurance coverage and a defense funded by the insurance company in the event of a lawsuit.  Upon completion of the free review, we selectively defend trademark infringement lawsuits at no cost to the client.  Click here for an overview of FREE DEFENSE for Trademark infringement lawsuits.

Our trademark law firm has been ranked among the "TOP TRADEMARK FIRMS" in the U.S. in the May, 2009, May, 2010 and May, 2011 issues of Intellectual Property Today, a monthly publication focused on legal issues in patent, trademark and copyright law. © Copyright Wiemelt Knechtel, P.C. 2003-11. All rights reserved.