Trademark Bullies in Bullseye of New Act

A new trademark law signed in March designed to make technical changes to filing procedures is drawing attention for a sleeper provision. The so-called "trademark bullies provision" states that within one year of the law's enactment, the secretary of commerce, in consultation with the intellectual property enforcement coordinator, must report to the House and Senate judiciary committees on "the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation," and "the best use of Federal Government services to protect trademarks and prevent counterfeiting." S. 2968, § 4. The National Journal story says the provision was largely driven by Sen. Patrick Leahy (D-Vt.) who was was frustrated by a recent trademark dispute between Hansen Beverage Co., the producer of Monster Energy Drinks, and Rock Art Brewery, a local Vermont brewery of a specialty beer named "Vermonster."