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The Trademark Reporter
Current Issue
The Trademark Reporter, November–December 2025, Vol. 115 No. 6
The Trademark Reporter (TMR) devotes this issue to emerging intellectual property (“IP”) enforcement in online markets and digital spaces. The TMR’s first-ever Guest Editor, Michael P. Goodyear, has curated a collection of leading scholarship in this rapidly developing area impacting both trademarks and complementary IP. The issue’s high-profile thought leaders explore topics ranging from mass-defendant IP litigation targeting online sellers to the ongoing dialogue between non-fungible tokens and trademark law—and explore what may be next for brand owners and IP rights holders in an increasingly virtual world.
While trademark law may not deliberately treat minorities worse than consumers generally, it is argued that protecting minority interests requires us to go beyond treating everyone the same, with a view to eliminating inequalities that might otherwise occur from different starting points and pursuing goals of equality and a wider understanding of nondiscrimination.
Ilanah Fhima, University College London, United Kingdom Multiculturalism, Minority Language Rights, and Trademark Law: Protecting the Less-than-Average Consumer, 115 Trademark Rep. 601 (2025)
Editor’s Note: Theme Issue—Emerging IP Enforcement in Online Markets and Digital Spaces
Michael P. Goodyear
The TMR’s first-ever Guest Editor, Michael P. Goodyear, has curated this comprehensive collection of leading scholarship on the enforcement of trademarks and complementary intellectual property rights in the ever-evolving digital world.
A SAD Scheme of Abusive Intellectual Property Litigation
Eric Goldman
This article examines the rise in mass-defendant intellectual property litigation and argues that plaintiffs in these cases are abusing the U.S. judicial system to the detriment of online merchants, marketplaces, and consumers.
The Counterfeit Sham
Sarah Fackrell
This article examines the use of mass-defendant design patent litigation and argues that plaintiffs in these cases are intentionally conflating design patent infringement with counterfeiting (which the Lanham Act limits to registered trademarks) to secure benefits and relief not otherwise available to design patent holders.
The Structure of Secondary Copyright Liability
Felix T. Wu
This article argues that secondary copyright liability would benefit from being viewed by judges and legislators through the lens of online platform liability principles.
The Role, Responsibility, and Liability of Online Intermediaries Under EU IP Law
Eleonora Rosati
This article offers fashion brand owners a comprehensive analysis of the law in the European Union and the United Kingdom (with reference to U.S. law as well) on potential liability of information society service providers or online intermediaries.
Rising Above Liability: The Digital Services Act as a Blueprint for the Second Generation of Global Internet Rules
Martin Husovec
This article provides an in-depth overview of the European Union’s Digital Services Act (the “DSA”) (and its origin in the United States’ Digital Millennium Copyright Act) and how the principles underlying the DSA could open a dialogue between the world’s liberal democracies on how to best regulate user-generated content going forward.
Confusion in Trademarked NFTs
Andrew C. Michaels
This article provides critical updates on the ongoing dialogue between the blockchain-based technology of non-fungible tokens and trademark law (and the free speech clause of the First Amendment to the U.S. Constitution).