resources, they often choose not to spend those defending threatened
or actual lawsuits. Moreover, as explained by the interviewed
lawyers, trademark and copyright infringement cases tried in court
can involve highly fact-specific and somewhat subjective analysis,
and legal defenses are not particularly clear or consistently upheld.
Targets, therefore, often acquiesce to enforcement demands because
of the legal uncertainty that IP litigation entails. What this also
suggests is that such practices, even if they do not occur in the
majority of enforcements, can have a significant chilling effect on
free speech and harm competition, as many IP scholars assert.
resources, they often choose not to spend those defending threatenedor actual lawsuits. Moreover, as explained by the interviewedlawyers, trademark and copyright infringement cases tried in courtcan involve highly fact-specific and somewhat subjective analysis,and legal defenses are not particularly clear or consistently upheld.Targets, therefore, often acquiesce to enforcement demands becauseof the legal uncertainty that IP litigation entails. What this alsosuggests is that such practices, even if they do not occur in themajority of enforcements, can have a significant chilling effect onfree speech and harm competition, as many IP scholars assert.
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