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JacquiPryor
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Of course, every case will be different. The one in this article is interesting to me from an academic perspective for various reasons – but yes, you’re right – most don’t have the $$ needed to enforce the rights they get when needed via court proceedings. What’s important to be mindful of though is that the first right that a registered trade mark gives the owner is the right to use that trade mark – meaning, once registered another (bigger) trade mark owner can’t sue you for trade mark infringement so it’s good value in that sense. A lot of disputes are resolved before formal opposition proceedings (which, don’t always cost the 50K this business owner suggested spending either) and before any court action. Unfortunately, there are cases where the bigger company, with deeper pockets, is perhaps prepared to ‘fight to the end’ win or lose simply because they can afford to do so.

I 100% agree with the comments in the article that a less costly option to take infringement action or similar would be ideal, as it can be a huge expense to go to court over such a dispute.