Penn Text closes, dispute continues

The University is carefully guarding its stock of "Penn" names. The General Counsel's Office steadfastly maintained yesterday that Penn Text, the upstart bookstore operating from a truck parked next to The Book Store, is violating the University's trademark on the name "Penn." And yesterday, on Penn Text's last day of business, the organization's founder Doug Levy half-conceded and posted a disclaimer to distance his business from the University. Levy said his disclaimer asserts that Penn Text "is not, never has been, and would never want to be affiliated with the University of Pennsylvania." Since Penn Text stopped selling yesterday and is now open only for returns, the name controversy will wait until next year. And Levy, a College and Wharton junior, says Penn Text will definitely be back next fall, but even "bigger and better." "The name will still be an issue next semester, so we're still in a process of determining more about the trademark," Levy said. But University General Counsel Shelley Green said that protecting the "Penn" name is "something the University takes very seriously." Green said the University has "absolutely" made businesses change their names in the past. She added that the University is currently "interested" in Penn Optometrics, adding that she will pursue the issue. Interim President Claire Fagin said she was surprised yesterday when she received coupons for Penn Optometrics, a company she had never heard of before. She added that its use of "Penn" was "at least, if not more" of a violator than Penn Text's. Fagin said she understands The Book Store's interest in Penn Text, but dismissed claims that The Book Store was out to get revenge on the new business. "If I had a competitor set up right outside my property, then I would be concerned, too," she said. "I don't know why [Penn Text] needs to be in front of the Book Store, but I guess competition is good for everyone." Levy said he thrives on confrontation. "That's the way it works in the business world," he said. Since opening on Sunday, Levy says both University Police officers and two Philadelphia License and Inspections officials have investigated Penn Text. He added that police were watching his Ryder truck on 38th Street virtually non-stop on Sunday and Monday. "Eventually, the officers said they were sick of The Book Store calling them every ten minutes, so they went away," he said. Levy said he thinks the University is taking the issue too seriously. "But I'm flattered that they think we're such a threat that they should call in the General Counsel's office," he added. "People can be entrepreneurial as long as they do not use the Penn name without authorization from the University," Green said. "That's as simple as it gets." Nevertheless, Levy said he is happy with the support that students have shown toward his new business. "I've had students come up to me, ones who don't even need my books," he said. "People just don't want to be taken advantage of by the University-controlled, monopolistic Book Store," he said.