Jury Favors Penn State University In Trademark Infringement Against Vintage Brand And Sportswear Inc

Jury Favors Penn State University In Trademark Infringement Against Vintage Brand And Sportswear Inc

Schools including Purdue, Stanford and UCLA have also sued the defendants on similar grounds

A Pennsylvania jury has ruled in favor of Penn State University, awarding $28,000 in damages, in a trademark infringement case against online retailers Vintage Brand and Sportswear Inc.

The jury observed that the two companies (co-founded by former minor league baseball player Chad Hartvigson) illegally used the university's vintage sports logos and images on merchandise without permission.

While the retailers were accused of selling counterfeit clothing and accessories, the defendants said their website mentioned they were not affiliated with the university.

Meanwhile, a dozen other schools including Purdue, Stanford and UCLA, have also sued the defendants on similar grounds.

However, the present case was the first to go to trial and was seen as a test in the sports merchandising industry.

Tiffany Gehrke, a trademark lawyer in Chicago expressed that it addressed an important issue with trademark law – whether the mark owner was able to prevent third parties from using its marks on T-shirts and paraphernalia without permission. She added that the verdict maintained the status quo, while a victory for Vintage Brand could have shaken things up.

The ruling followed a six-day trial in federal court in Williamsport, Pennsylvania, overseen by Chief District Judge Matthew W Brann.

Meanwhile, terming its trademarks ‘critical’ to the school's brand, Penn State said it was grateful for the verdict.

The statement read, "The university appreciates the result as it relates to the many hundreds of licensees with whom the university works and who go through the appropriate processes to use our trademarks.”

Founded in 1855, Penn State University adopted the Nittany Lion as its mascot in 1904. For decades, it has used various images of the animal, along with the school's seal and other logos. The school has more than 100,000 students at 24 campuses.