Trademark News & Screw-ups " 'One of the most visible brand names': University has already filed 6 trademark oppositions this year"

The reason why Duke " files an exceptional number of oppositions" but "does not actually file many infringement lawsuits" is because of this thing called the burden of proof. In oppositions, the real burden of proof is on the new trademark applicant to prove that registration of their trademark will not damage the rights of the opponent. In trademark infringement lawsuits, the plaintiff must prove that the defendant's actions resulted in some loss for the plaintiff. That's not to mention that trademark oppositions cost a lot less than full-blown litigation.

The video below features Andrei Mincov's commentary of this article.



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