Trademark Registrant Isn’t Required to Shut Down Competitive Keyword Advertisers–STK v. Backrack

8 06 2012

By Eric Goldman

June 7, 2012

STK LLC v. Backrack, Inc., Cancellation No. 92049332, 2012 WL 2024459 (TTAB May 21, 2012). The TTAB designated this opinion “non-precedential,” which they do with the vast majority of their opinions.

Deborah Gerhardt, Leah Chan Grinvald and I are writing two companion articles on trademark policing doctrines. Our basic thesis is that the trademark policing “duty” is grossly overstated in ways that have pernicious effects on everyone–other than trademark lawyers who extract extra cash from clients due to the ambiguities. You’ll be hearing more about this project as we make more progress (i.e., when I actually write the portions I promised to write).


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