On January 6, 2016, Matthew H. Swyers, proprietor of The Trademark Company, commenced a lawsuit against the USPTO, alleging that the Office has violated his Constitutional rights in its investigation of his practices in the filing and prosecuting trademark applications. The complaint may be found here. The Trademark Company is reportedly the second largest filer of trademark applications in the country.
Mr. Swyers complains that numerous Requests for Information (RFIs) issue by the Office were “designed to harass, overburden, invade, injure and damage the Plaintiff and his business,” and he seeks injunctive relief and damages. The USPTO has not commented on the matter, but a Courthouse News article (here) provides one side of the story.