Owners must diligently monitor federal and state trademark publications in addition to the marketplace. Trademark EnforcementĪs a general rule, trademark owners must enforce their rights themselves. That age-old principle can be just as relevant to small- and medium-sized businesses as it is to $10 billion organizations like Dropbox. Laches is an established legal doctrine that limits such undue delays in trademark enforcement. Why? For the apparently cynical reason to create more leverage for a higher potential settlement or sales price. delayed action against the alleged infringement by Dropbox until Dropbox’s planned initial public offering (IPO). Patent and Trademark Office (USPTO).īesides general complacency, evidence also was introduced that showed Thru Inc. The facts were undisputed: the challenger, Thru Inc., failed to object to Dropbox’s use of the mark “DROPBOX” until almost six years after Dropbox applied for registration of the mark with the U.S. District Court for the Northern District of California, Dropbox’s request for dismissal of its rival’s challenge to its registered trademark was granted.
in Milwaukee, where he practices in the areas of corporate law (representing for-profit and tax-exempt entities), intellectual property, and mergers and acquisitions 2014, is an associate attorney with Meissner Tierney Fisher & Nichols, S.C.
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