The Difficult Fight Against Trademark Troll Practices

Fashion retailers today face multiple challenges arising from global trade, the explosion of e-commerce and the imperative to operate sustainably while meeting ever higher client expectations. In this climate, a brand's image and reputation have become key factors of business success. Trademarks, in this shifting climate, provide a highly valuable competitive advantage, making the need to protect them even more important. The prudent business thus is proactive in its trademark protection and enforcement strategy.

One significant threat to trademarks arises from so-called trademark troll practices. These practices, although less known than patent troll practices, occur when a person or a company pre-emptively applies to register a mark used by a brand owner without the intention of using it for trade or production of goods or services, but as a means of pressure against the legitimate brand owner.