Shaming limits trademark bullying
Michael J. Choi, 2019 - J.D., University of San Francisco School of Law. ARTICLE: The Likelihood of Exclusion: Economic Disparity in the United States Trademark System. Journal of the Patent and Trademark Office Society, 100, 599 Nexis Uni //DH
Shaming is an effective method to fight trademark bullies because it is a cost-effective alternative to litigation. 172 Small businesses may lack the benefits of legal counsel and financial resources to defend themselves, 173 but shaming is available to anyone with a credible business and an Internet connection. 174 Because of today's social media prevalence, trademark shaming is often a viable option. 175 A business can mobilize the community "simply through 'tweeting' about receiving the cease-and-desist letter." 176 Social media ensures that if the particular bullying is egregious enough, media outlets will report the story. 177
A 2014 trademark dispute between bicycle behemoth Specialized Bicycle Components Inc. and small Canadian bicycle shop Roubaix illustrates this phenomenon. 178 The Internet immediately rushed to Roubaix's aid when it received a cease and desist letter from Specialized. 179 The merits of the infringement claim were irrelevant, as "support for [Roubaix] was so overwhelming, and condemnation of Specialized so swift." 180 Specialized was quick to withdraw its cease and desist letter and issue an apology. 181 This story demonstrates the importance of a shamer's credibility in a community, since the Internet would not have mobilized unless Roubaix was a hard-working and respectable business.