This Comment will first seek to understand the problem of overactive trademark policing by starting with a brief introduction to trademarks, trademark bullying, and the modern methods that companies use against trademark bullying. Second, this Comment will make a comparative analysis of the United States federal and state statutory provisions, proposed legislation from Minnesota, a trademark reform theory from William McGeveran, and current trademark statutory provisions in the United Kingdom. After analyzing the most pertinent provisions of the active and proposed domestic trademark laws and the trademark law from the foreign jurisdiction, this comment will seek to solve the problem of trademark holders’ overactive policing efforts by proposing a new domestic statute that would better protect targets of their bullying.
Anthony J. Dispoto,
Protecting Small Businesses Against Trademark Bullying: Creating a Federal Law to Remove the Disparity of Leverage Trademark Holders Maintain Over Small Businesses,
San Diego Int'l L.J.
Available at: http://digital.sandiego.edu/ilj/vol16/iss2/5