Is It Trademark Bullying or Savvy Brand Protection? - McDermott Will & Emery

Is It Trademark Bullying or Savvy Brand Protection?

Overview


Joanne Ludovici explained that, although trademark enforcement by large companies against smaller competitors has been called bullying, “Brands have been protecting themselves the same way for hundreds of years.” Even though “almost all brand owners that aggressively attempt to enforce their brands risk being labeled a bully,” Ms. Ludovici continued, when enforcing a brand “the size of the other company and a possible backlash should not be the basis for whether to act. You can lose in the court of public opinion and still win in a court of law.”