U.S. Trademark Study Recommends Expanded Education For Small Businesses

In response to legislation enacted in 2010, the Department of Commerce (DOC) undertook a study to determine the extent to which small businesses may be harmed by abusive trademark enforcement tactics.  The DOC reported in its April 2011 report that it was unable to determine whether small businesses are disproportionately harmed by abusive enforcement tactics.  Because trademark enforcement is a private property rights litigation issue, abusive tactics are best addressed through the litigation system.  However, to the extent that small businesses are adversely affected by abusive tactics, the DOC recommends increased opportunities for small businesses to obtain education and legal advice and enhanced government resources to educate the public and small businesses on intellectual property rights.   The DOC’s full report is available at Commerce Department Report to Congress on Trademark Litigation Tactics.