Theodore Chiacchio, IP Watchdog; What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights
"Too Zealous, Don’t Be
In both of the above examples, zealous enforcement of the
rights-holder’s intellectual property rights would likely be
counterproductive in most instances (a case-by-case analysis should of
course be made, however). Given the very high stakes involved, an
analysis of all relevant considerations should be undertaken prior to
deciding whether litigation to enforce the intellectual property rights
makes sense. This should include an analysis of the legal considerations
(e.g., likelihood of prevailing in litigation and the uncertainty
involved with respect to outcome), the high cost of litigation, the
potential public relations impact, the potential effect on consumer
engagement and organic marketing, and business ethics considerations
related to bringing questionable claims against small and mid-sized
businesses who may be forced to capitulate due to a financial inability
to litigate."
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