The literature on trademarks and on litigation is reviewed. Trademarks are described as intellectual property rights enforceable at law which identify the origin of a product and hence provide an incentive to the markholder to maintain quality. The existence of quality in products attracts fraud, which may be policed either by consumer non-purchase or by litigation.; Litigation is modelled as the end result of a selection process whereby only those cases whose probable outcome cannot be agreed between plaintiff and defendant go to court. The uncertainty of these cases should lead to a 50:50 outcome between plaintiff and defendant under specified assumptions.; The litigation model is tested on trademark litigation and found to be valid in the specific instances tested.
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