'Penn Optometrics' store forced to change its name

In the wake of the conflict last fall between Penn Text and the University over the use of the trademarked word "Penn," another local business, Penn Optometrics, changed its name to "Pennsylvania Optometrics" to avoid a lawsuit. Pennsylvania Optometrics owner Stephen Galanter said the name change "was basically coerced by the University -- it was not the product of any law." He said the University had sent him two letters requesting that he change the store's name since its opening in 1991. Associate General Counsel for the University Robert Terrell said the University has a federally registered trademark on the use of the word "Penn" for "educational and medical services [by the University]." He added that it is a trademark violation for businesses not linked to the University to use the name "Penn" to suggest affiliation. While investigating the legal aspects of the issue, Galanter said he surveyed his customers about whether they associated the store with the University. Because his customers did not perceive any affiliation between the University and his store, Galanter said he came to the conclusion that the University did not have a legitimate case against his business. But, he said, he changed the name to avoid a prolonged legal battle and "in a spirit of cooperation with the University." A similar case involving trademark violations occurred last fall, when the University took action against the then-named "Penn Text." Terrell said the University began investigating the legality of outside usage of the word "Penn" when it received a complaint from a local building owner about Penn Text flyers put up in his building. The building owner erroneously believed the flyers were advertisements for a University-sponsored business, he said. Terrell said the Penn Text case was settled because College and Wharton senior Doug Levy, founder of the business, changed its name to "Campus Text." He added that University will take businesses with the name Penn "on a case by case basis," and according to the stipulations of trademark laws.