Legal safeguards prevent trademark bullying

In conclusion, the authors agree with the position stated by INTA, AIPLA, and IPO and adopted by the USPTO that concerns regarding trademark bullying do not justify new legislation, and instead there are sufficient safeguards in the form of sanctions, declaratory judgment actions, reverse domain name hijacking provisions, self-help, social media, and Internet publicity to address egregious conduct by trademark counsel. The authors further support the USPTO’s recommendations for public education and outreach to smaller mark owners, both by the public and private sectors, because an informed public is less likely to be vulnerable to bullying. But, when extreme trademark bullying does occur, as discussed above, ethics rules may provide a further avenue for recourse.