Erik M. Pelton & Associates Reaches 1,500th U.S. Trademark Registration Milestone

FALLS CHURCH, VA – April 5, 2011 — For the first time, recent comments submitted to the government about abusive trademark litigation tactics and their effects on small businesses have been made available to the public, said Erik M. Pelton, managing partner of the trademark law firm Erik M. Pelton & Associates (or “EMP&A”). 

Last fall, the United States Patent and Trademark Office (“USPTO”) issued a request for comments about “trademark bullying” as part of a congressionally mandated investigation into growing concerns that small businesses and entrepreneurs are unfairly disadvantaged in trademark disputes. The USPTO request defined a “bully” as “a trademark owner that uses its trademark rights to harass another business beyond what the law might be reasonably interpreted to allow.”

Though the USPTO has yet to publish any findings from the study, trademark law firm EMP&A has publicly posted the comments from more than 40 different businesses, individuals, and organizations. EMP&A obtained these comments through a records request under the Freedom of Information Act.

“The comments offer insight into the deeply conflicting views about whether small businesses and entrepreneurs are treated fairly in the trademark system,” said Pelton. Many small businesses submitted comments describing their own encounters with “trademark bullies.” For example, Rock Art Brewery, a Vermont micro-brewery that has been making VERMONSTER® brand beer since 2006, described how it had to overcome allegations of trademark infringement it received from the makers of MONSTER energy drink in late 2009. Rock Art’s case received significant media attention, which helped inspire the congressional study.

Pelton said comments from several larger companies tended to dismiss the idea that small businesses faced a pattern of “bullying.” For example, Intel Corporation characterized the experiences of small businesses as a “subjective impression of being ‘bullied’” that could be reduced by “additional education in the area of trademark law, particularly targeted to individuals and small businesses…,” but not all large companies shared this view. eBay, Inc., also acknowledged some factors that have encouraged the practice of trademark bullying: “Trademark bullies are successful in obtaining settlements against trademark owners, even where the trademark infringement claims asserted are questionable, because defending parties are either not capable, financially or otherwise, or willing to deal with the risks and uncertainty involved in litigating a trademark dispute.”

EMP&A has also submitted its own comments to the USPTO.  Erik Pelton, EMP&A’s founder, became interested in the issue after some of his own small business clients had to overcome questionable claims raised by larger companies.  “Lately we have seen many small businesses struggle with the tough choice of either enduring years of expensive litigation to defend their valid trademark rights or agreeing to rebrand their products under threat from an opponent with deeper pockets,” Pelton said. “Either way, small businesses and entrepreneurs are forced to divert time and resources away from growing a successful business.”  Since more than half of all Americans are employed by companies with less than 500 employees, Pelton is concerned that trademark litigation policies which unfairly burden small businesses have become a significant drain on the growth of the economy.

To date, the USPTO has not published the results of its study, but EMP&A has already filed a new FOIA request seeking its release.  In addition, Pelton recently wrote to Senator Patrick Leahy, Chair of the Senate Judiciary Committee, urging the committee to hold hearings on abusive trademark litigation tactics and their effect on small businesses.  According to Pelton, “Congress needs to ensure that the experiences of America’s small businesses and entrepreneurs have been taken into account.”

About Erik M. Pelton & Associates, PLLC
EMP&A is a boutique trademark law firm in Falls Church, VA, representing businesses and entrepreneurs around the world. The firm has registered more than 1,400 trademarks, and has successfully represented clients in numerous trademark disputes. This week, EMP&A’s founder, Erik Pelton, will participate in a panel discussion with the Commissioner for Trademarks at the American Bar Association’s 26th Annual Intellectual Property Law Conference in Arlington, Virginia. EMP&A is a member of the National Small Business Association, and Mr. Pelton is on the board of directors of the Falls Church Chamber of Commerce.  More information about the firm is available at www.tm4smallbiz.com.   

All the comments obtained from the USPTO, along with a copy of FOIA request itself, have been published online for the public on the firm’s IPelton® blog at http://ipelton.wordpress.com/ or http://bit.ly/USPTOFOIA.

Contact Information:
Erik Pelton, Attorney at Law
703-525-8009
emp@tm4smallbiz.com

Attorneys from Erik M. Pelton & Associates, PLLC (“EMP&A”), will host the first of a new series of free trademark law webinars on Tuesday, January 25, 2011, from 12:00-1:00 PM EST.  The webinar, titled “Ten Essential Trademark Tips,” will feature an introduction to the fundamental concepts in the trademark law as well as practical lessons for obtaining and protecting trademark rights.

The webinar is free, and anyone interested in learning more about trademark law is welcome to join, regardless of expertise.  “Even though Americans encounter hundreds of trademarks everyday on the products they buy and in the advertisements they see and hear, people are often less familiar with the basic principles of trademark rights compared to other forms of intellectual property, like patents and copyrights,” said attorney Erik Pelton, founder of EMP&A. “The goal of our webinar series is to bridge that knowledge gap, so that individuals, entrepreneurs, small businesses, journalists, and others are able to recognize the role trademarks play in their personal and professional lives.”    

“Ten Essential Trademark Tips” will begin at 12:00 PM EST on Tuesday, January 25, 2011.  To participate by phone, call (217) 258-5590 [DO WE HAVE A TOLL FREE NUMBER?] and enter Pin Number 15613.  For more information about the webinar series, contact EMP&A by email (info@erikpelton.com [Correct address?]) or phone (703.525.8009).

About EMP&A: Erik M. Pelton & Associates, PLLC, is a boutique trademark law firm in Falls Church, Virginia, founded by Erik Pelton in 1999.  The firm has registered more than 1,400 U.S. trademarks and has represented dozens of clients in cases before the Trademark Trial and Appeal Board and U.S. Court of Appeals for the Federal Circuit. Erik’s blog about trademark and social media issues, IPelton®, can be found at www.ipelton.com.

Contact Information:
Erik Pelton, Attorney at Law
703-525-8009
emp@tm4smallbiz.com

A new report detailing the “Top Trademark Trends of 2010” has been released by Erik Pelton, a trademark attorney and former examiner at the U.S. Patent and Trademark Office (USPTO).  The report shows that 2010 was a very active year in the world of trademarks, and many major developments paralleled stories involving major newsmakers, such as Apple, BP, Facebook, and reality TV stars.  Other trends in the report include the total failure of The Gap’s new logo and an explosion in trademark applications filed by Tea Party enthusiasts.

Some of the new logos released in 2010 by major companies

One common theme among this year’s trademark trends was the increasing role that social media plays in branding efforts. For example, The GAP’s efforts to launch a new logo were quickly reversed within hours after a backlash from Facebook, Twitter, and the web. And Facebook itself filed to protect words including “Like” and “Face” and was became involved in several disputes over website names.

Mr. Pelton’s report also includes evidence of steady growth in the economy over the past year.  The number of U.S. trademark applications filed in 2010 grew approximately 4% over the prior year, another indicator that the U.S. economy is growing, but at a slower pace than pre-recession. “While businesses are still cautious about new investments, many of the leading brands filed dozens of trademark applications in 2010, in part because they are aware of the value their trademarks provide for interactions with consumers and for their bottom line,” said Mr. Pelton. “I believe 2011 will be just as active as the economy continues to grow.”

According to Mr. Pelton, a Congressionally mandated USPTO study of the effect overreaching trademark enforcement efforts have on small businesses will be an important issue to watch in 2011. “Many large corporations have grown exceedingly aggressive in attempting to enforce their trademarks,” he said. “This study may be the first step in a series of reforms that will help level the playing field for small businesses that are forced to defend themselves against expensive and baseless trademark claims.”

For a copy of the full “Top Trademark Trends of 2010”, see http://scr.bi/trademark2010 or email info@erikpelton.com.

About Erik M. Pelton: Erik Pelton is the founder of Erik M. Pelton & Associates, PLLC, a boutique trademark law firm in Falls Church, Virginia. Established in 1999, the firm has registered more than 1,400 U.S. trademarks for clients, represented dozens of parties in Trademark Trial and Appeal Board disputes, and practiced before the U.S. Court of Appeals for the Federal Circuit. Erik’s blog about trademark and social media issues, IPelton®, can be found at www.ipelton.com.

Contact Information:
Erik Pelton, Attorney at Law
703-525-8009
emp@tm4smallbiz.com