Gimme your money, man, you hijacked my trademark
Ok, it’s 9:01 Monday morning and I get that call. Sometimes its a stranger, sometimes it’s an existing client. Client is panting and enraged, like Clark Gable in Gone With The Wind. “Someone is infringing my trademark.” My response, “Ok, that’s awful, deep breath.” Client wants to know what our choices are.
Well, if you have good proof, we can get an injunction and fast. Can we recover the infringers’ profits? That is quite literally the million dollar question. It’s like asking who will kickoff? The old-fashioned coin toss. The good news is that this year we might actually get clarity.
Currently, the appeal in Romaq Fasteners v. Fossil, will examine exactly this question. The holding here can offer clarity, but may also shift results. Perhaps infringers will be more lax. Maybe some will be less or more likely to file trademarks. Maybe people will file less lawsuits. May even change the processing speed of trademark applications. Stay tuned for the next episode of trademark lawsuits, fortunately, if you are reading at home, it will not be available on Netflix.