On January 6, 2016, Matthew Swyers, founder of The Trademark Company, filed a lawsuit against the U.S. Patent & Trademark Office claiming that the USPTO has violated his Constitutional rights in its investigation of his practices in the filing and prosecuting trademark applications before the USPTO.
The Trademark Company claims to be the second largest filer of trademark applications in the U.S.
Swyers alleges that numerous Requests for Information (“RFIs”) issued by the PTO were “designed to harass, overburden, invade, injure and damage the Plaintiff and his business”. Swyers seeks both injunctive relief and damages. The USPTO has not commented on the matter.
A copy of the complaint may be found here.