GLIPS (Global Intellectual Property System - www.glips.org), recently hosted the Global Trademark Bullying Conference, bringing together prominent trademark registration bodies, attorneys, intellectual property experts, lawmakers, and global consultants. The conference focused on the rising concern of trademark bullying, particularly in the context of today's digital economy, social media prevalence, and expanding e-commerce landscape.
Trademark bullying, as discussed during the event, refers to a strategic practice where entities exploit the digital vulnerabilities of today’s market. These 'trademark bullies' often register trademarks with the United States Patent and Trademark Office (USPTO), despite the fact that such trademarks may already be in use in the U.S. or internationally by others who have not formally registered the marks. Once they secure USPTO registration, these bullies may file applications under the Madrid System via the World Intellectual Property Organization (WIPO) to gain trademark protection in additional countries. Armed with both USPTO and WIPO registrations, they can secure restraining orders against digital platforms, including social media and e-commerce sites, which are subject to U.S. jurisdiction. Consequently, the original users of these marks, who may not have registered them, face significant hurdles in continuing their operations on these digital platforms.
