Jason Bloom in Bloomberg Law: Trademark Cases Drop as Pandemic Fuels Uncertainties


Haynes and Boone, LLP Partner Jason Bloom talked with Bloomberg Law about why the reduced rate of trademark lawsuits filed in federal courts this year may not be a lasting trend.

Here is an excerpt:

Trademark suits are down 22% year-over-year, Bloomberg Law data shows. Fewer anti-counterfeiting cases against online vendors largely drove the downturn.

Trademark owners have been less aggressive in pursuing counterfeiting cases as they face court disruptions and business uncertainties, including their own financial struggles, after the pandemic shut down much of the U.S. economy, attorneys say.

Attorneys say there has been an increase of infringement during the pandemic, and new cases against alleged infringers could come in waves.

“A lot of trademark claims are not make or break for a business - ‘we’ve got to pursue this now or we’re going to be belly up,’” said Haynes and Boone Partner Jason Bloom. Some of those kinds of claims “could be put on hold until things open back up a little bit.”

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