17th Annual Penn Intellectual Property Symposium

Director Monica Riva Talley spoke at the 17th Annual Penn Intellectual Property Symposium, hosted by the Penn Intellectual Property Group Monica’s session, Mark My Words: How Far should Trademark Protection Extend?, discussed the optimal relationship between trademark strength and protection and how changing the standard could impact litigation.

Session Overview

Conventionally, the trademark strength and the trademark scope was thought to always have a positive correlation. That is, the strongest marks should always receive the widest scope of protection. However, such conventional wisdom is being challenged by professors Barton Beebe and C. Scott Hemphill who are asking the question of whether strong marks really need more protection. They argue that super strong marks have a lower likelihood of confusion and as such the scope of protection may be narrow. This panel discussed the optimal relationship between trademark strength and protection and how changing the standard could impact litigation.