Trademark litigation is a niche area of the legal field, with over 4,000 cases filed last year. Lex Machina, a legal analysis company, recently conducted a comprehensive study on trademark litigation. The report examined all aspects of trademark cases and defined metrics such as number of filings and amounts of damages awarded. The Trademark Litigation Report published findings that since 2009, trademark lawyers have filed nearly 25,000 cases, resulting in over nine billion dollars in damage payments over the course of five years.
The purpose of the study, according to Lex Machina, was to help business attorneys determine effective strategies for all types of trademark litigation cases by quantifying results from past cases. The Trademark Litigation Report is a useful resource for trademark lawyers, especially for its analysis of damage award payouts. The report determined that of the nine billion dollars in damages paid out, more monies have been awarded by juries rather than by judges. Furthermore, most cases are decided through default judgements.
Litigation Cycle of Trademark Cases
The litigation cycle of each type of case was also measured. Certain trademark cases reach an injunction stage much faster than other cases, specifically cases that involve cybersquatting. Copyright cases and patent cases take longer to get to the injunction stage, while cases involving false advertising almost always face a slow, lengthy process during both initial and long-term injunction.
Lex Machina has also conducted reports analyzing patent litigation in several different districts, and the trademark report follows the same patterns by looking at cases in high profile judicial areas such as the Southern District of New York, the Southern District of Florida, the Central District of California and the Northern District of Illinois. These courts deal with major and luxury fashion brands as well as music and film trademark cases.
The Trademark Litigation Report is divided into two sections; the first part of the report defines and analyzes metrics for the past five years of trademark cases, while the second section details how major retailers and brands have been involved in trademark law over the course of the study. Specific companies profiled include BMW, Nike, Chanel and Dunkin’ Donuts, and the report includes information on the overall outcome of each case.
Trademark Lawyers in Philadelphia at Sidkoff, Pincus & Green help Commercial Clients Avoid and Pursue Litigation When Necessary
At the Pennsylvania business law firm of Sidkoff, Pincus & Green our trademark lawyers in Philadelphia have experience representing business clients in claims involving commercial contract issues, intellectual property, trademark infringement and misappropriation of trade secrets, among other business law and commercial litigation matters. We provide experienced legal counsel on how to avoid trademark litigation and on how to pursue a trademark violation claim if one is warranted. Contact our Philadelphia trial lawyers today to schedule a consultation by calling 215-574-0600 or submit an online inquiry.