Trademark Bullying: Cease and Desist and Litigation Tactics in the Battle for Brand Protection

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Wednesday, April 23, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance for counsel to trademark owners to understand trademark bullying in the context of brand protection. The panel will outline approaches to fight trademark bullies or to respond to being accused of being a trademark bully.
Faculty

Mr. Baird works with clients to address their most difficult trademark problems. He provides strategic guidance on trademark usage and clearance, branding strategies, domestic and worldwide portfolio management, litigation and enforcement, internet domain name and trademark disputes, licensing, and prosecution. His trademark and brand protection work has gained notoriety for the protection and registration of nontraditional trademarks, product configuration trademarks, and trade dress and product packaging trademarks.

Dean Grinvald is an internationally recognized intellectual property law scholar, whose research focuses on the enforcement of intellectual property law, and the potential negative impacts of related laws on small businesses and entrepreneurs. Her work has appeared in some of the nation’s leading law journals. Dean Grinvald’s most recent work focuses on the intersection of the “right to repair” and intellectual property law. Dean Grinvald has previously taught courses in Contracts, Copyright, International Intellectual Property, Negotiation, Trademark Law and Trademark Practice at her prior institutions, Suffolk Law and St. Louis University School of Law.

Ms. Kim focuses her practice on the clearance, procurement, maintenance, enforcement, licensing, and monetization of intellectual property rights, including trademarks, trade dress, domain names, copyrights and rights of publicity. She counsels clients on all aspects of the branding process. She has wide-ranging experience in trademark prosecution, licensing, enforcement, and TTAB opposition and cancellation proceedings, with an emphasis on global brand expansion and management through strategic trademark filing, protection, and enforcement programs.
Description
Trademark challenges include bullying claims. Social media facilitates public disputes by targets of trademark enforcement efforts as to whether the trademark claims are justified. The backlash potential is significant if trademark owners are not engaged in legitimate brand protection.
When does aggressively enforcing a trademark cross the line and go too far? The price of such actions can be hefty. In 2022, the Tech Transparency Project reported that Apple had filed more trademark oppositions than Google, Microsoft, Amazon, and Meta combined. Smaller companies that are seeking protection for their marks that are or include apples are concerned that Apple will challenge any mark they put forward.
Are existing tools adequate to defend against trademark bullying? Is new legislation needed to address the problem?
Maintaining brand reputation is a top concern for brand owners. As a result, counsel must carefully craft communication and cease and desist letters to minimize the risk that the brand owner will be deemed a bully for enforcing its trademarks.
Listen as our authoritative panel of trademark practitioners examines trademark bullying and the current legal landscape. The panel will offer strategies for dealing with trademark bullies and protecting your brand without being a bully.
Outline
- Current landscape
- Public relations and social media influence
- USPTO
- Court treatment
- Strategies for combating trademark bullying
- Best practices for legitimate trademark enforcement programs
Benefits
The panel will review these and other key issues:
- How are the courts treating trademark bullies?
- What steps can a trademark owner take and what are the existing tools for counsel when a trademark owner believes it is the target of a trademark bully?
- What are best practices for developing and maintaining legitimate trademark enforcement?
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