The plan creates a norm for cancelation as best course which protects consumers and deters trademark trolls
Anna B. Folgers (IIT Chicago-Kent College of Law) “The Seventh Cir enth Circuit’s Approach to Deterring the To Deterring the Trademark Troll: Say Goodbye to Your Register our Registration and P ation and Pay the Costs of Litigation” September 01, 2007 3 Seventh Circuit Rev. 452 https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=1173&context=seventhcircuitreview
This Comment proposes that other courts should follow the lead of the Seventh Circuit and that the cancellation-as-best-course rule should become the norm rather than the exception.20 A more liberal invocation of the court’s discretionary power of cancellation promotes trademark law’s three policy components: protection of producers, protection of consumers from confusion, and the encouragement of fair competition. Second, this policy assuages the costs associated with needless trademark litigation. Third, it places the public on notice of cancellations as ordered by the courts and provides increased certainty regarding trademark rights to the public. Finally, this policy also operates as a judicial “refreshing” mechanism for clearance of the unused trademark from the trademark register. The combination of mark cancellation and the award of attorney’s fees and costs to the prevailing party creates a powerful situation which may deter trademark trolls, such as Stoller, from filing or threatening to file meritless suit against innocent parties for use of a mark he lacks valid ownerships rights