Trafficking In Trademarks

Law360, New York (February 11, 2010, 4:07 PM ET) -- While brand owners are becoming more sophisticated in their approach to protecting their brands, so too are those who seek to cash in on the goodwill and renown of those brands. One tactic being implemented by such parties is known as a form of “mark squatting.”

The recent case of Tuccillo v. Geisha, 635 F.Supp.2d 227 (E.D.N.Y. 2009) provides a sobering example.

While Tuccillo may be considered an extraordinary case, it evidences an increasing trend of abuse of the intent-to-use (“ITU”) provisions of the federal trademark...
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