The Decade In Trademark Litigation; Above The Law, January 28, 2020

Gaston Kroub, Above The Law;

The Decade In Trademark Litigation

"Considering that we are starting a new decade while continuing to face such questions as “Are We Running Out of Trademarks?,” I thought it would be a good idea to first look at what existing trademark owners did with the trademarks they had last decade. If only because that is easier to quantify for a practitioner than existential challenges to the “assumption that there exists an inexhaustible supply of unclaimed trademarks that are at least as competitively effective as those already claimed.” The latter issue is in the capable hands of Professors Beebe (who I was lucky enough to take Trademarks with in law school) and Fromer, who along with their academic colleagues have contributed mightily to our understanding of where trademark law can and may be going in the near future. But my aims for this column are more prosaic, because I think there is still a lot we can learn from looking at the decade past at a macro level, especially in as fragmented a field as trademark litigation."