If I may play devil's advocate to that argument, it sounds like firefighters selling fire insurance, or something like regulatory capture for the legal system.

If I may play devil's advocate to that argument, it sounds like firefighters selling fire insurance, or something like regulatory capture for the legal system. "If you don't hire enough lawyers to defend your trademark, you'll lose it!" It hurts small actors in both directions; how many Mom/Pop shops can afford to "aggressively defend" their intellectual property, and how many can afford to actually defend it if a large incumbent comes after them with a frivolous suit motivated by these sorts of ridiculous fears? I'm not saying the legal system doesn't work that way, it just sounds like a scuzzy argument.