Brand Bully Basement

Posted by | October 10, 2011 | Brand Bully Basement, General | 6 Comments

Brand Bully BasementSM

Trademark bullying happens when a trademark owner over-reaches in the exercise of its trademark rights.  Usually, though not always, this involves a big company threatening unwarranted costly legal action against a smaller company in order to make the smaller company change its trademark.  Trademark trolls — entities that fraudulently obtain trademark rights for the sole purpose of enforcing them — engage in a similar bullying behavior, though most trolls are individuals or small companies.

The Brand Geek(R) team hopes to make the Brand Bully BasementSM a clearinghouse for cases of trademark bullying.  We hope to draw increased attention to the issue by facilitating dialogue about it.  The more attention these cases get, the less frequent they will become.  Or at least that’s our hope.

Think you’ve been bullied?  Submit your story by commenting at the bottom of this page where it says “Leave a Reply!”

Please include links to any relevant documents (correspondence, pleadings, etc) since we are unable to upload documents at this time (Chilling Effects maintains a clearinghouse of C&D letters to which you may upload documents here or you can upload and store documents for free on Dropbox.com or similar sites).

About Lara

Lara Pearson is a trademark attorney with Exemplar, where she also serves as the firm's Sustainability Steward. Lara's legal practice focuses on trademark and copyright law, including: intellectual property audits; trademark search & clearance; trademark and copyright registration & maintenance; intellectual property transfers; transactional work; and dispute resolution, including litigation when necessary. Lara primarily represents other social enterprises -- those leveraging their businesses and brands as catalysts for positive social and environmental change. Such businesses engage in CSR (Corporate Social Responsibility) to have a positive "triple bottom line" of people, planet and profit. As Exemplar's Sustainability Steward, Lara works with others in her law firm to measure and reduce the firm's carbon emissions and encourage engagement in social responsibility initiatives, including pro bono legal work and volunteering. Lara is a proud member of the Social Venture Network. Brand Geek is a member of 1% for the Planet and a Certified B Corporation, whose Incline Village office is certified under the regional Keep the Sierra Green program. Exemplar Companies is the most innovative professional services firm in the New Economy. Our unique, diversified expertise spans the disciplines of corporate law, business advisory, and capital/investment banking to better meet the needs of our high-potential customers. We have assembled a comprehensive suite of service to meet the complex issues facing companies in today’s challenging business environment. Our unique, holistic approach ensures the growth and success – and greatly increases the competitive advantage - of our customers. The Exemplar team is comprised of knowledgeable, highly skilled experts in a wide range of industries and disciplines. They work closely with our customers to provide trusted advice, incomparable support, expert guidance and the ultimate competitive advantage as they accelerate their businesses and position themselves to transform industries.

6 Comments

  • […] Brand Bully Basement™ hosted by brandGEEK®. They define the situation as: Trademark bullying happens when a trademark owner over-reaches in the exercise of its trademark rights.  Usually, though not always, this involves a big company threatening unwarranted costly legal action against a smaller company in order to make the smaller company change its trademark.  Trademark trolls — entities that fraudulently obtain trademark rights for the sole purpose of enforcing them — engage in a similar bullying behavior, though most trolls are individuals or small companies. […]

  • […] pushed around by someone exerting a little too much influence with a trademark can complain at Brand Bully Basement.  As the forum picks up publicity, hopefully the actions complained of there will begin to recede […]

  • Tom Galvani says:

    Excellent idea, Lara! I will be sure to let my clients know about this alternate avenue of relief. Any thought to creating a dedicated site for it, similar to the Chilling Effects website?

    • Lara says:

      Thanks, Tom! I appreciate your spreading the word.

      I did indeed think about making it its own website, but the cost to do so was significant, so I thought it better to start small. My hope is to gain enough traction here that the press sees it as a resource and brand owners see it as a dungeon in which they never want to find themselves. :) If that happens, then I likely will break it out to its own site.

  • Carl Vennitti says:

    The link below is pretty “Oh, well” for the legal minded sort, but when we in the business world are confronted with it, it takes on a completely different aura. I am going to be able to get my story published for the ultimate victim of bullies to see; the consumer. If there is a victim of a trademark bully that would like their story told, I will be more than happy to assist them.

    http://ttabvue.uspto.gov/ttabvue/v?cn=&cop=&pn=&pn2=&pno=91167465&pop=&pop2=&procstatus=All&propname=&propnameop=&propno=&qs=&qt=adv

    Rock On,

    Carl

    • Lara says:

      Thanks so much for sharing your story, Carl. I admire your chutzpa and perseverance for standing up to Nestle! I wish you all the best with your endeavors and look forward to reading and helping promote your book.

Leave a Reply

Your email address will not be published.