Maggie Horstman

/My focus

My practice is focused on assisting clients in trademark disputes before the U.S. Trademark Trial and Appeal Board and District Courts, developing and executing enforcement strategies, and advising on all aspects of trademark prosecution. I frequently advise on strategies to address third party infringing conduct and conflicting references at the USPTO, draft and negotiate settlement and licensing agreements, and provide analysis on trademark clearance and registration.

/Looking ahead

Brands today compete in a crowded, attention scarce marketplace where saturated advertising and multiplying touchpoints heighten the risk of confusion, infringement, and loss of distinctiveness. Therefore, focusing on building strong, defensible rights from the start and protecting them to scale is more important now than ever.

Priorities should include, for example, rigorous clearance beyond exact matches and robust quality control in licensing, collaborations, and co-branding. Keeping an eye on user-generated content, opportunistic third party filings, and platform specific uses (such as handles and domains) are strategic ways to stay ahead of the curve on trademark enforcement and ensure trademarks maintain their strength and relevancy in the marketplace.