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Significant controversy historically blocks trademark reforms

Michael S. Mireles Jr., Trademark Enforcement Issues in the United States: Bullies and Trolls, 19 JOURNAL OF INTERNET LAW 26 (2015). Available at: https://scholarlycommons.pacific.edu/facultyarticles/530

There have been several attempts to address trademark bullying. For example, shaming is a way to reduce overreaching trademark enforcement,20 legislation has been proposed to address the problem, and commentators have suggested a number of reforms. Notably, a major change in trademark law to address the issue is unlikely because trademark bullying is intimately tied to enforcement practices that are part and parcel of trademark law and theory itself. A wholesale change to the way we use and understand trademark law is unlikely. For example, it is doubtful that the government will become responsible for all trademark enforcement. That likely would result in a cost-prohibitive system. A more tailored response to bullying itself is a more probable solution, such as making it easier to obtain attorney fees.

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