Penn State wins trademark case over retailer’s use of vintage logos, images

PHILADELPHIA — Penn State has won a closely watched trademark battle over an online retailer’s use of its vintage sports logos and images.

A Pennsylvania jury on Wednesday awarded Penn State $28,000 in damages for products made and sold by Vintage Brand and Sportswear Inc., two companies co-founded by former minor league baseball player Chad Hartvigson.

Penn State accused them of selling “counterfeit” clothing and accessories, while the defendants said their website makes it clear they are not affiliated with the university.

At least a dozen other schools have sued the defendants on similar grounds, including Purdue, Stanford and UCLA, Penn State said in its 2021 lawsuit. However, the Penn State case was the first to go to trial and was seen by some as a test case in the sports merchandising industry.

“It addresses an important issue regarding trademark law — whether or not the brand owner can prevent third parties from using its marks on T-shirts and paraphernalia without permission,” said Tiffany Gehrke, a trademark attorney in Chicago who was not involved in the case .

The verdict, she said, maintains the status quo, while a win for Vintage Brand “could have shaken things up.” It followed a six-day trial in federal court in Williamsport, Pennsylvania, overseen by Chief U.S. District Judge Matthew W. Brann.

Defense attorneys declined to comment on the verdict or whether their clients planned to appeal.

Penn State called its trademarks “critical” to the school’s brand in a statement and said it was grateful for the ruling.

“The University appreciates this outcome as it relates to the many hundreds of licensees with whom the University works and who go through the appropriate processes to use Penn State trademarks,” the statement said.

Penn State, founded in 1855, adopted the Nittany Lion as its mascot in 1904 and has used various images of the animal for decades, along with the school’s seal and other logos, the lawsuit said. The school now has more than 100,000 students on 24 campuses.