The jeweler Tiffany ® may seem like one of those companies that regularly pops up in the news suing companies left and right for trademark infringement and related issues , but Tiffany ® is not alone. Other companies are notorious for going after alleged trademark infringers. (Think Mattel ® and all the litigation you've heard about over the years related to Barbie ® .) Sometimes it seems a company will sue for anything, but did you know there's actually an explanation rooted in the law rather than simply a desire to crush the competition? The US Patent and Trademark Office (USPTO) does not pursue alleged infringers on behalf of trademark registrants, and failure to police one's own mark could, in a worst case scenario, result in the registrant losing its trademark. That's because a failure to make others aware that you own the mark (i.e., a failure to police your mark) may be evidence that you've abandoned your mark . (Refer to footnote three on page three of
Legal information and research resources from The Ohio State University's Michael E. Moritz Law Library