Let’s Get Grateful: IP Stakeholders Reveal What They Were Thankful for in 2024

Featuring William W. Stroever

November 27, 2024

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It has been quite an eventful year for intellectual property law so far; from a new presidential administration coming into power in the United States, to movement on major patent legislation and a slew of rules packages being proposed (and occasionally finalized) by the U.S. Patent and Trademark Office (USPTO), the IP community has been kept on its toes.

Whether they’re giving thanks for the work done by outgoing USPTO Director Kathi Vidal and her Office or for the fact that a new administration will be taking over soon; or whether they’re thankful for the excitement AI is bringing to IP law or for efforts to curb and clarify laws in light of its rapid and sometimes frightening uptake, the comments below represent a wide range of views on what there was to be thankful for in 2024.

William Stroever, Cole Schotz:

“This year I am thankful for the USPTO’s efforts to protect the public and attorneys from trademark scams and bad faith actors. Anyone who has had the slightest involvement with a trademark application knows the avalanche of “low cost” trademark offers, fake solicitations, and inquiries from concerned “attorneys” about a third party trying to register your trademark that follow. Behind the scenes the USPTO has been waging war against these bad faith actors to protect our wonderful trademark landscape. The USPTO website includes a growing list of examples of fraudulent trademark solicitations including commonly-used names and the text that appears verbatim in these emails, making it easier for recipients to weed out these scams. The Office of Enrollment and Discipline regularly hears cases and issues decisions on attorney misconduct before the USPTO. Many of those decisions this year have involved attorneys shirking their ethical obligations in order to file thousands of new applications on behalf of foreign entities. Those bad faith filings have clogged up the trademark pipeline and registers and often prevented genuine applicants from properly protecting their trademarks. The USPTO also regularly issues warnings about low-cost trademark filing offers that are sometimes identity-theft scams in disguise. All of these efforts by the USPTO improve the trademark process and protect applicants and attorneys alike, and for that I am thankful!”

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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.