See what Professor Port thinks the data means
Trademark Extortion: The End of
Trademark Law PDF, 647 Kb
from the Washington and Lee Law Review Volume 65 Issue 2
The Mitchell Study on Trademark Litigation is a longitudinal study of all reported trademark cases in the United States since July 5, 1947, the effective date of the Lanham Act. This study presents all reported trademark cases that reached a decision terminating the law suit. It consists of a database of all 2,700+ cases and graphs and charts showing the results of this study. Average damages awards by year and by circuit, total cases infringed and not infringed, total number of cases where an injunction is demanded and granted or not, average amount of attorneys fees granted by year, etc. are all included in this study. Also, the Study reports these results by Circuit. Graphs Q-U report some startling results one might consider when choosing a forum in which to sue. Enter the Mitchell Study on Trademark Litigation below to search all 2,700+ cases. You may search by case name, court, basis of the law suit, damages or attorney fees or any combination of these.
Graphs A – I are real-time using the latest data. Graphs J – U are using Static Data current thru 2007
- Graph A: Total Number of Reported Cases per Year
- Graph B: Total Infringement Claims Established/Not Established
- Graph C: Infringement Claims Established/Not Established By Decade
- Graph D: Total Reported Claims of Infringement per Year
- Graph E: Infringement Claims Established or Not Established per Year
- Graph F: Percentage of Injunction Claims Granted or Denied
- Graph G: Claims for an Injunction Granted/Denied by Decade
- Graph H: Total Number of Claims for an Injunction per Year
- Graph I: Claims for an Injunction Granted or Denied per Year
- Graph J: Total Damages Awarded Per Year
- Graph K: Total Aggregate Attorneys’ Fees per Year
- Graph L: Total Number of Initial Claims of Infringement per Year
- Graph M: Total Bench or Jury Trial per Year
- Graph N: Total Number and Percentage of Cases That Reached a Trial on the Merits
- Graph O: Treble Damages Demanded and Granted
- Graph P: Frequency of Damages Awards Within Select Ranges
- Graph Q: Percentage of Cases from Each Circuit Out of All Cases with Infringement Established
- Graph R: Percentage of Cases from Each Circuit Out of All Cases with Infringement Not Established
- Graph S: Comparison of the Percentage of Cases in Each Circuit with Infringement Established and Not Established
- Graph T: Percentage of Cases in Database From Each Circuit
- Graph U: Average Ultimate Damages Award Per Circuit (Adjusted to 2007 C.P.I.)
Searchable case database
Here you may search all the cases, view cases with specific criteria filtered, and link to cases on Lexis-Nexis.
The Mitchell Study on Trademark Litigation Database
Each graph is a 2-page PDF document with the illustrative graph on the first page and the supporting data on the second.
Charts of yearly totals
These interactive charts allow you to view the yearly totals over time. Each loads with the final year selected. From there you may slide to any year back to 1947.