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Submitted URL: https://ddec1-0-en-ctp.trendmicro.com/wis/clicktime/v1/query?url=https://www2.fishstewip.com/e/882173/and-trademark-case-1234816762-/6...
Effective URL: https://www.sportico.com/law/analysis/2024/penn-state-defeats-vintage-brand-trademark-case-1234816762/
Submission: On December 24 via api from AE — Scanned from FR
Effective URL: https://www.sportico.com/law/analysis/2024/penn-state-defeats-vintage-brand-trademark-case-1234816762/
Submission: On December 24 via api from AE — Scanned from FR
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Skip to main content Click to Expand Search Input Search for: Newsletters Sportico Log In Subscribe Account * * Manage Account * Log Out Click to expand the Mega Menu * Business * Leagues * Finance * Law * Media * Valuations * Tech * Personalities * Events Click to expand the Mega Menu Menu Read Next: NASCAR, MICHAEL JORDAN… Sportico Click to Expand Search Input Search for: Log In Subscribe Account * * Manage Account * Log Out * Home * Law * Analysis PENN STATE WINS INDUSTRY-SHAPING TRADEMARK TRIAL OVER LOGO USE By Michael McCann MICHAEL MCCANN Legal Analyst and Senior Sports Legal Reporter McCannSportsLaw Follow MORE STORIES BY MICHAEL * NCAA Grants JUCO Waiver in Wake of Diego Pavia Decision * NASCAR Motion Denied as 23XI and Front Row Near Charter Status * 23XI Racing, Front Row Dispute NASCAR’s ‘Tired’ Case View All November 21, 2024 10:11am * Facebook * Twitter * Linkedin * Print * + additional share options added * * * * * * * It proved that Vintage Brand infringed PSU’s trademarks by selling products bearing the school’s imagery without permission. Photo by Zach Bolinger/Icon Sportswire via Getty Images A case that threatened to upend the marketplace for college sports apparel ended Tuesday when a federal jury in Pennsylvania ruled in favor of Penn State in its lawsuit against online retailer Vintage Brand. Penn State proved that Vintage Brand, which sells vintage T-shirts, throwback hats, retro tees, socks, magnets, koozies, mugs, cutting boards and similar products associated with sports teams, infringed PSU’s trademarks by selling products bearing the school’s imagery without permission. The jury awarded Penn State $28,000 in damages, but the verdict’s real value is in a judicial finding that infringement occurred. That finding upholds a longstanding relationship between trademark law and college sports merchandise. Penn State sued in 2021, noting that Vintage openly sells products that “free ride” off the university’s fame by using logos and imagery. Consumers may have wrongly believed they found a licensed seller for products that Penn State sells. The products at issue were sold from 2018 to 2021 and, according to Vintage, generated less than $25,000 in revenue. Those products used Penn State-connected historical images and accompanying trademarks: Penn State v. Vintage Brands has been a focal point of attention among intellectual property law professors over the last few years. Of particular interest has been Vintage’s defense and how it could disrupt conventional understanding of trademark law. Vintage unsuccessfully argued that its use of historic images—which Vintage argued are already in the public domain as documented history—ought to be viewed as lawful under trademark law. The company, which stressed it used a disclaimer to tell consumers that its products were not licensed by Penn State, noted that a trademark is not intended to serve as an ornamental or decorative feature. A trademark should instead identify the source of a good and distinguish it from other goods. As applied here, consumers might not believe that Vintage products using imagery from Penn State’s storied athletic history were made or authorized by Penn State. Instead, the use is merely ornamental or decorative. Had that defense prevailed, it would have provided more confidence to Vintage and other online retailers that draw from the historical accomplishments of college athletics programs in designing and selling vintage products. Penn State is not alone in suing Vintage. Purdue, Arizona, Arizona State, Cal Berkeley, UCLA, Colorado, Oregon, Oregon State, USC, Stanford, Utah, Washington and Washington State have also filed suit. They have raised essentially the same set of arguments and complain that unauthorized use undermines their sales. Unauthorized sales also diminish the value of licenses colleges sell to apparel and merchandise companies that produce jerseys, collectibles and other products. Vintage can appeal the ruling to the U.S. Court of Appeals for the Third Circuit. Although the ruling is also not binding precedent on cases in other federal districts, it is a victory for colleges and their official licensees. RELATED STORY ADIDAS SUES AVIATOR NATION OVER STRIPES, NPR PODCAST BREACH READ MORE ABOUT: * Federal Courts * IP law * Penn State * Trademarks POPULAR STORIES * PAC-12'S GROWTH AMBITIONS CAPTURED IN NEW… * LAWYERS FOR HOUSE V. NCAA PLAINTIFFS SEEK ALMOST… * 23XI RACING, FRONT ROW DISPUTE NASCAR'S 'TIRED'… NEWSLETTER BREAKING NEWS THE KICKER THE MORNING LEAD Your Email Sign Up By providing your information, you agree to our Terms of Use and our Privacy Policy. 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List of IAB Vendors | View Illustrations STRICTLY NECESSARY COOKIES 748 PARTNERS CAN USE THIS PURPOSE Always Active These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information. * ENSURE SECURITY, PREVENT AND DETECT FRAUD, AND FIX ERRORS 538 PARTNERS CAN USE THIS SPECIAL PURPOSE Switch Label label Your data can be used to monitor for and prevent unusual and possibly fraudulent activity (for example, regarding advertising, ad clicks by bots), and ensure systems and processes work properly and securely. 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View Illustrations * IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 510 PARTNERS CAN USE THIS FEATURE Switch Label label Your device might be distinguished from other devices based on information it automatically sends when accessing the Internet (for instance, the IP address of your Internet connection or the type of browser you are using) in support of the purposes exposed in this notice. List of IAB Vendors Cookies Details PERFORMANCE COOKIES 634 PARTNERS CAN USE THIS PURPOSE Performance Cookies These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. 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View Illustrations List of IAB Vendors Cookies Details TARGETING COOKIES 485 PARTNERS CAN USE THIS PURPOSE Targeting Cookies These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. * ACTIVELY SCAN DEVICE CHARACTERISTICS FOR IDENTIFICATION 134 PARTNERS CAN USE THIS SPECIAL FEATURE Switch Label With your acceptance, certain characteristics specific to your device might be requested and used to distinguish it from other devices (such as the installed fonts or plugins, the resolution of your screen) in support of the purposes explained in this notice. 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View Illustrations Object to Legitimate Interests Remove Objection * CREATE PROFILES FOR PERSONALISED ADVERTISING 522 PARTNERS CAN USE THIS PURPOSE Switch Label Information about your activity on this service (such as forms you submit, content you look at) can be stored and combined with other information about you (for example, information from your previous activity on this service and other websites or apps) or similar users. This is then used to build or improve a profile about you (that might include possible interests and personal aspects). Your profile can be used (also later) to present advertising that appears more relevant based on your possible interests by this and other entities. 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