An article in Business News Daily has brought light to the subject of trademark bullying. If a business is being trademark bullied, it means a trademark owner that is a larger business is using its monetary and legal resources to stop a smaller business from using trademarks that could cut into the larger business’ profits.
In other words, a larger business threatens to sue a smaller business that is operating within the bounds of trademark law to force its would-be competitor to close up shop. That being said, such an act can only be considered trademark bullying if the alleged trademark infringement is without merit.
Recently, Twitpic, a business that was originally established as a simple way for Twitter users to include photos and videos in their tweets, decided to close after Twitter challenged its trademark application. Twitpic’s owner, Noah Everett, said in his blog that his small company is closing because it does not have the resources to take on Twitter in a trademark battle.
Like most bullies, trademark bullies count on the threat of a lawsuit backed by their superior resources to intimidate a smaller business into not fighting back and shutting its doors. However, if a smaller business can find the right attorney, defending its rights against a trademark bully can be transformed from a lost cause to a risk worth taking.
Our firm has years of experience helping businesses to defend their intellectual property against opposition both large and small. To learn more about your legal options, schedule a consultation with us today.
Klein Trial Lawyers—Los Angeles business litigation lawyers
Did You Know: Fighting a patent lawsuit can cost twice as much as a trademark suit, according to CNET.
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