define: Trademark Trolling

I have always thought the actions of men the best interpreters of their thoughts.

John Locke

define: Trademark Trolling

Trademark trolling means using one’s trademark registration to limit competition. Here’s the technical definition of trademark trolling:

The United States Patent and Trademark Office (“USPTO”) defined the amorphous term Trademark Bullying or Trademark Trolling as the vexatious practice of a “trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow.” 

Source: IP Watchdog

 It happens in every industry: big brand sues little brand for “IP infringement” over the use of a similar name, even though the average consumer would not be confused.

But it’s not always a big brand. Trademark trolls come in every “size” of business. See my Stealth post for one glaring example. See Dr. Roberts’ article for a peek at why they are so successful. 

Not all frivolous trademark owners are trademark trolls. Some are simply uninformed folks following bad advice to protect their assets. More on that another time.

Trademark trolls can be split into two categories: those that use legitimate trademarks, and those that use frivolous trademarks.