Penn State University has successfully navigated a significant trademark dispute concerning its vintage sports logos and images, resulting in a jury ruling that awarded the school $28,000 in damages. This ruling was announced on Wednesday after a six-day trial held in federal court in Williamsport, Pennsylvania, presided over by Chief U.S. District Judge Matthew W. Brann.
The case centered around Vintage Brand and Sportswear Inc., companies co-founded by former minor league baseball player Chad Hartvigson. Penn State accused these companies of illegally selling “counterfeit” clothing and accessories featuring the university’s trademarks. The defendants defended their actions, claiming that their website clearly indicates a lack of affiliation with Penn State.
This verdict is particularly notable as it marks a pivotal moment in the sports merchandising industry. Tiffany Gehrke, a trademark attorney based in Chicago who did not participate in the case, stated, “It addresses an important issue with trademark law — whether or not the mark owner is able to prevent third parties from using its marks on T-shirts and paraphernalia without permission.”
Interestingly, Penn State’s lawsuit was not an isolated incident; at least a dozen other universities, including Purdue, Stanford, and UCLA, have filed similar lawsuits against the defendants. However, the Penn State case was the first to be brought to trial, making it a test case for others in the sector.
Following the verdict, it remains uncertain if Vintage Brand plans to appeal the decision, as inquiries directed to their legal representatives on Thursday went unanswered.
Penn State expressed gratitude for the jury’s decision, emphasizing the importance of its trademarks to the university’s identity. In an official statement, the university said, “The university appreciates this result as it impacts the many hundreds of licensees that collaborate with us and follow the proper channels to use Penn State’s trademarks.”
Founded in 1855, Penn State adopted the Nittany Lion as its mascot in 1904, utilizing a range of images linked to this mascot along with its official seal and other logos for many decades. The university currently serves over 100,000 students across its 24 campuses.
