TTAB's TRAILERSHARE Decision Shows That Proper Trademark Use Still Matters

The advent of the Internet and the tsunami of social media have unquestionably altered the practice of trademark law and many core trademark principles. Brands no longer control the conversation. Traditional trademark enforcement is no longer in vogue and may be downright counterproductive (eg, trademark bullying). The more creative the approach, the more effective the result (examples include Bud Light's use of an actor to deliver messaging regarding misuse of its DILLY DILLY mark that earned it kudos from its recipient as well as its customers; and the VELCRO brand's "Don't Use Velcro" music video). Additionally, Google has proven to all of us that those longstanding commandments about consistent trademark use (see Google's daily 'doodle') and verbal genericide (see 'Googling') may not always apply.