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The Tabberone™ Archives|
These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement.
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Trademark Extortion: The End of Trademark Law|
Kenneth L. Port, William Mitchell College of Law
Since 2001, through 2005, trademark lawsuits reaching trial dropped by 40%. From 1998 to 2005, annual aggregate awards for damages dropped by 99%. In the meanwhile, the number of trademark infringement lawsuits being filed is going up every year.
From 1947 to 2005, only 51% of trademark infringement lawsuits were won by the rights holder when the case went to trial. Trademark owners were successful only 55% of the time getting injunctions for the same time period. And, in only 5.5% of the cases were damages awarded. In 2000, the courts awarded attorney fees to the aggregate tune of 1.4 million dollars. By 2005, the aggregate total of attorney fees awarded by the courts was ZERO.
As for the threat of treble damages as allowed under the Lanham Act, treble damages are not awarded very frequently. In 2005, like attorney fees, the courts awarded no treble damages although they were requested in 28 cases that went to trial.
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