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Trademarks and Copyrights as Growth Opportunities Even in a Recessionary Economy

By Peter S. Sloane and Laura J. Winston of Leason Ellis LLP

There is no doubt that we are living in the most challenging economic times of the modern era.  The severe weakening or even failure of the large financial services firms is having an effect on virtually all American businesses, and is expanding to affect other parts of the world as well.  It is important for brand owners to hunker down and be conservative during this time.  Yet with the right strategy in place, trademark and copyright owners can not only weather the crisis, but can use this opportunity to address their existing concerns.


Times may be tough, but trademark owners are continuing to pursue the two key areas of a brand strategy – protection and enforcement.

Trademark Protection

The dot-com boom marked the beginning of a rapid rise in the trademark industry, and although that bubble burst nearly ten years ago, the trademark field has continued to grow.  This is in part because trademark owners have continued to face an expanding array of new challenges posed by cybersquatters and internet pirates, but it is also attributable to market forces and the expanding reach of the global markets.

Over the past several years, the trademark industry has expanded at a significant clip.  The year 2007 set a new record for annual trademark filings in the U.S.  Over 300,000 trademark applications were filed with the U.S. Patent and Trademark Office – the hi...

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