Hank Spuhler Provides Insights into Trademark Litigation Trends in World Trademark Review Article


World Trademark Review (WTR) explored data from Lex Machina, which revealed a 19% year-on-year drop in March trademark litigation filings at the U.S. federal district court level. Hank Spuhler provided his take on some of the potential factors affecting trademark litigation trends. Here is an excerpt:

“Speaking to WTR, Hank Spuhler, shareholder at McAndrews, Held & Malloy, notes that, while economic downturns may be expected to lower litigation numbers (and trademark work more generally), this is not necessarily the case: ‘History has repeatedly shown that companies use IP litigation to bolster their bottom line during a recession. Companies may also see trademarks as a viable alternative to patents given that trademarks are significantly cheaper to obtain and maintain than patents. And, depending on how the Supreme Court rules in the pending Romag v. Fossil case (oral argument was in early February), it may be even easier for trademark owners to disgorge infringer’s profits, which would lead to higher trademark damages awards in the future.’”

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