TTAB is insufficient – even if they have the power to enforce more strongly – they choose not to
Jennifer M. Danker (2024 J.D. Candidate – THE University of Ohio) “To "THE" or not to "THE"? The Question has been Answered: An Examination of Trademark Bullying in the context of the Ohio State University's Recent Trademark Registration” 30 J. INTELL. PROP. L. 323 (2023). Journal of International Property Law https://digitalcommons.law.uga.edu/jipl/vol30/iss2/4
The TTAB’s issuance of Registration No. 67,631,18 demonstrates a lack of appetite to tackle bullying behavior and a continued departure from fundamental trademark principles. OSU makes it clear in the filing documents that it intends to behave similarly to Louis Vuitton and other historic bullies in attempting to squash small businesses, monopolize the marketplace, and chill free speech.144 With the armor provided by its registration, OSU can actively pursue claims against parody or other fair use cases. The University regularly demonstrates commitment to aggressively and fiercely protect its brand.145This attitude cannot afford grace to parodic and critical perspectives. For example, “THE” is currently being used in the market by Smack Apparel, a sports merchandise brand, to comment on and parody OSU’s pretentious use of “THE”.146