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Full-Text Articles in Law
The Dtsa: The Litigator’S Full-Employments Act, Sharon Sandeen
The Dtsa: The Litigator’S Full-Employments Act, Sharon Sandeen
Faculty Scholarship
Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are accused of trade secret misappropriation, often resulting in litigation expenses that exceed the alleged harm to the plaintiff. Such litigation is particularly costly and unjust in cases where the plaintiff asserts rights that, due to common misunderstandings about the limited …
Trademark Extortion Revisited: A Response To Vogel And Schachter, Kenneth L. Port
Trademark Extortion Revisited: A Response To Vogel And Schachter, Kenneth L. Port
Faculty Scholarship
Trademark bullying (a.k.a. trademark extortion) is a very controversial notion in trademark litigation in the United States. There, for sure, is a lot of illegitimate trademark infringement happening. Anecdotally, we also know that trademark holders often overstep in the assertion of their otherwise legitimate rights. For the first time, this article documents how large a problem trademark bullying is and how often it happens. Trademark bullying occurs when there is evidence that a trademark holder asserts a non-famous mark against a non-competing entity on or in connection with goods or services into which the plaintiff has no reasonable expectation of …