One of the first and most common tasks of in-house trademark counsel is searching and clearing potential trademarks. While this is often considered a low-level function, it is one of counsel's most difficult tasks. Analyzing the body of data that results from a trademark search requires knowledge and experience, and the stakes can be high. The expenditure of millions for marketing may ride on counsel's decision and the potential loss from infringement litigation can be similarly high. For the risk adverse, these high stakes may encourage overly cautious opinions by inexperienced counsel. The client is best served by counsel who understands both the dynamics of the client's business and the dynamics of trademark litigation. It is an area where there is more art than science involved. Further reference on the subject, see: (1) U.S.P.T.O. Basic Facts About Trademarks , (2) International Star Class Yacht Racing Ass'n v. Tommy Hilfiger, U.S.A., 80 F.3rd 749 (2nd Cir. 1996) and (3) F&Q Searching & Clearing Marks at Trademark Edge.