Trademark trolls not a problem – 8 reasons
Michael S. Mireles (Professor of Law, University of the Pacific, McGeorge School of Law) “Trademark Trolls: A Problem in the United States?” May 22, 2015 https://www.chapman.edu/law/_files/publications/clr-18-mireles.pdf
The Reasons Why There Is Not a Trademark Troll Problem in the United States This section discusses eight reasons why there is not a trademark troll problem in the United States. The reasons include: the trademark use requirement, Congress’ and ICANN’s response to issues concerning domain names, the availability and widespread use of inter partes administrative proceedings at the USPTO, Supreme Court precedent addressed to patent trolls applied in trademark cases, litigation and strategic advantages available to patent trolls not present in trademark cases, enforcement of consumer protection laws against patent trolls, shared appellate jurisdiction over trademark cases, and an early appellate case dealing harshly with a trademark troll. 1. The Trademark Use Requirement This section discusses the trademark use requirement and how it underlies other doctrines in trademark law which prevent a trademark troll problem from developing in the United States. Those additional doctrines include abandonment, the prohibition against assignments in gross, and the requirement that licensing not be naked.