is a Shareholder with Munsch Hardt, where his practice on real property and intellectual property litigation, including: condemnation matters; administrative and regulatory issues at the State and local government level; and the prosecution and defense of disputes involving trademark, patent, and copyright infringement. Additionally, James has significant experience related to the development, licensing, and transfer of intellectual property rights, including securing registered trademarks with the United States Patent and Trademark Office and obtaining copyright registrations with the United State Copyright Office.
For more information or to contact James, please visit his Firm Profile Page.
A successful advertising campaign promotes goodwill and brand identity, spurring sales, revenue, and profit. But success begets imitation. All too often, imitators attempt to hijack a brand and, with it, all the blood, sweat, tears, and money invested in it. While there are some similarities, the unfortunate reality is trademark enforcement is more nuanced than a game of whack-a-mole. Not every “mole” is worth whacking, some that are whacked may not respond favorably, and sometimes the mallet just is not strong enough to play. So, what should a trademark owner consider when determining whether to take enforcement action? The first step is to identify the scope and strength of the trademark. Next, it is important to determine whether enforcement will obtain the desired results. Lastly, the impact of inaction should be examined.