Mass-filed trademark lawsuits are drawing increasing scrutiny from courts—and the District of Colorado just made that clear. When a Bong Company filed more than 850 trademark infringement cases across the U.S., including dozens in Colorado, the court issued a rare public rebuke. Here’s what happened when one attorney challenged their approach.
The article entitled ‘We’re Not Trolls,’ Bong Co. That Filed 850 IP Suits Tells Judge” can be accessed here.
Indeed, a Bong Company filed about 850 federal trademark infringement and counterfeiting cases in various districts around the country, including 45 in the District of Colorado. Unfortunately for Plaintiffs, both Stemer PA and the District of Colorado caught wind of the mass of filings. In response, Federal Magistrate Judge Neureiter issued an Order to Show Cause admonishing that problems seen in other similar filings “will not be tolerated in the District of Colorado.” The Order also set a hearing requiring Plaintiff’s counsel and a corporate representative of Plaintiff to appear in person, which took place last Tuesday.
Stemer, PA represents two of the Defendants in two different cases, so I appeared in person at the Federal Courthouse in downtown Denver. First, the Plaintiff’s attorney took the podium to explain their position. Notably, he claimed he had never heard of what an IP troll is, then proceeded to call the owners of the mom-and-pop smoke shop Defendants, who maybe sold a handful of counterfeit products on accident, “scofflaws” and “ne-er do wells” who are part of a “criminal enterprise.”
In response, I took the podium and explained that, among other things, “filing a complaint with copy-paste complaint allegations and then robo-filing them is pretty much the definition of what a troll does,” which was reported in the Law360 article.
I meant every word.
I agree that it was, as another Defense attorney said as he left the courtroom, “one of the funnest days in court I have ever had.” Joking aside, these are serious matters for defendants and it is my hope is that we are back on track to litigate toward a justifiable result. While it is our fundamental belief that everyone should have equal access to the legal system, no one should be allowed to abuse it.
Bottom Line:
Enforcing trademark rights is legitimate, but the method matters. Courts, especially in Colorado, are no longer turning a blind eye to robotic enforcement tactics that cast small businesses as criminals. As trademark attorneys, we have an obligation to uphold the integrity of the legal system, not undermine it for volume-driven gains. The line between protection and predation is thinner than ever – and courts are finally drawing it.
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Contact Stemer Law | hello@stemerlaw.com | (303) 928-1094 | Based in Colorado | Serving clients nationwide and internationally
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