advantages that “repeat player” IP owners may enjoy when enforcing
their IP rights, it also demonstrates some of the factors that limit the
ability and willingness of IP owners to enforce their rights.
Trademark and copyright owners may be able to “bully” enforcement
targets, but only when they do not fear the backlash of negative
publicity and public opinion that can accompany such efforts. Future
empirical scholarship that focuses on IP disputing in action should
build on these insights and contribute to a growing understanding of
the significance of private disputing in shaping the effective scope of
trademark and copyright owners’ rights.