Intellectual Property Trademarks: A Special Report

The National Law Journal

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"Trademark bullying" refers to aggressive tactics by large corporations against individuals or small companies for using terms or phrases a trademark owner considers too similar to its marks. Increasingly, accused infringers are using social media to fight back. The Internet spotlight can create a backlash against overaggressive trademark owners, even if they have legitimate claims. In this special report, we examine this trend as well as nontraditional trademarks, injunctions in trademark cases after eBay, plus ten hot issues in trademark law and how to handle them. 

Cease and desist? Tweet!
When Chick-fil-A went after Vermont T-shirt maker Bo Muller-Moore, claiming his “Eat More Kale” shirts were too similar to its “Eat Mor Chikin” ad campaign, he considered the tactic “trademark bullying” and fought back on social media. 
 

Ten hot issues in trademark law
We asked several trademark practitioners to come up with a list of the most significant issues facing trademark owners right now and how they would advise lawyers to handle them.
 

Offbeat page in branding playbook
Savvy companies are leveraging nontraditional trademarks in the sports industry and beyond.
 

Irreparable harm, I presume?
Some thought 'eBay' heralded presumption's death in all IP cases, but trademark cases remain murky.
 

A measure of how trademarks improve the economy
A study released by PTO's Office of Chief Economist identifies which industries tend to see the most benefit from investments in trademarks.
 

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