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ARTICLE · 12 MAY 2011

Overhyped "Trademark Bully" Study Delivers Predictable Results

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The long-awaited study of so-called trademark bullies was recently released by the Department of Commerce.

United StatesIntellectual Property
Foley Hoag LLP
Foley Hoag LLP
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The long-awaited study of so-called trademark bullies was recently released by the Department of Commerce. As you may recall from our prior blog post, the study was the result of legislation filed by Senator Leahy of Vermont and signed into law by President Obama on March 17, 2010 Pub. L. 111-146, Sec. 4). The legislation gave the Secretary of Commerce one year to "study and report to [Congress] the extent to which small businesses may be harmed by litigation tactics [by corporations] [the purpose of which is] attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner." (Subsequent to enactment, the words "of corporations" were stricken and replaced by "the purpose of which is" by Pub.L. 111-295, Sec. 6(h).)

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