Insights

Trademark infringement lawsuits are often resolved early on in the litigation lifecycle.  Many defendants will simply change the mark they are using to limit damages and disincentivize a plaintiff from pushing forward with a claim.  Further, many trademark lawsuits are resolved at the preliminary injunction stage.  However, there are recent cases that suggest a growing trend of substantial verdicts being awarded to plaintiffs in trademark infringement lawsuits. These cases should serve as an opportunity for companies to think more strategically when it comes to allegations of trademark infringement.

Emerging technology leads to evolving brand guidelines. With the rise of e-commerce, trademarks were being copied and exploited in ways they had never been before, and guidelines began to emerge for internal and external teams online. Next, brands had to adapt to social media. The Federal Trade Commission began to against influencers, and brands had to carefully monitor what claims influencers were making. Brands also had to attentively manage how their own employees were interacting with social media.