The Pennsylvania State University v. Vintage Brand, LLC et al

Case Background

On June 21, 2021, Plaintiff  The Pennsylvania State University filed a Trademark Infringement lawsuit in the Pennsylvania Middle District Court,  Williamsport division (Case number: 4:21-cv-01091). Honorable Matthew W. Brann presided over this case.

Cause

The case revolves around Penn State filing a lawsuit against Vintage Brand, LLC, alleging trademark infringement, counterfeiting, unfair competition, false designation of origin, and trademark dilution. Through its website, VintageBrand.com, the defendant sold various products, including apparel, drinkware, and accessories, featuring Penn State’s trademarks without authorization. The university’s iconic symbols, such as the PENN STATE name, Nittany Lion Logos, Pozniak Lion Logo, and the Penn State Seal, were unlawfully replicated and used to promote Vintage Brand’s merchandise. Penn State accused Vintage Brand of being a “serial infringer,” pointing out that other universities, including Purdue University and the University of Arizona, had also filed lawsuits against the defendant for similar violations.

Injuries

Penn State sustained significant harm due to the counterfeit university merchandise sold by Vintage Brand. The university’s reputation and goodwill, built over decades through its academic, athletic, and community contributions, suffered as a result of the unauthorized use of its trademarks. Consumers likely mistook the counterfeit products for official Penn State merchandise, damaging the trust and loyalty the university had cultivated with its supporters. Additionally, the defendant’s actions diluted the distinctiveness of Penn State’s trademarks, undermining their value and exclusivity. The unauthorized activity disrupted Penn State’s licensed merchandise operations and caused financial harm by diverting revenue from official channels.

Damages

Penn State quantified its losses and sought substantial compensation to address the financial and reputational damage caused by the trademark infringement and counterfeiting. The university demanded statutory damages of up to $2 million per counterfeit mark per product type, emphasizing the severity of the infringement. Penn State also sought the disgorgement of Vintage Brand’s profits obtained through the illegal use of its trademarks. Citing the willful and deliberate nature of the defendant’s conduct, Penn State requested treble damages, highlighting the substantial harm caused by the infringement. The university further demanded the recovery of legal fees and associated costs.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): The Pennsylvania State University
    • Counsel for Plaintiff: Allison L. Ebeck | Claire H. Eller | Courtney S. Schorr | David Finkelson | Jessica Maupin | Kyle Steven Smith | Lucy J. Wheatley | Matthew G. Rosendahl
  • Defendant(s): Vintage Brand, LLC | Sportswear Inc. | Chad Hartvigson | Erik Hartvigson | Michelle Young
    • Counsel for Defendants: Christopher Jon Sprigman | Mark P. McKenna | Joshua D. Harms | Valerie A. Walker | Bradford J. Axel | John T. Fetters | Leslie C. Vander Griend | Theresa H. Wang | Jodi S. Wilenzik | Marc H. Perry

Claims

Penn State’s claims included multiple legal actions under federal and state trademark laws:

Trademark Infringement:

Penn State claimed that Vintage Brand violated the Lanham Act by using its protected trademarks without authorization.

Counterfeiting:

The university alleged that Vintage Brand sold counterfeit university merchandise bearing nearly identical reproductions of its registered marks.

Unfair Competition and False Designation of Origin:

Penn State asserted that the defendant misled consumers into believing that its counterfeit merchandise was associated with or endorsed by the university.

Trademark Dilution:

Penn State argued that the unauthorized use of its marks weakened their distinctiveness and harmed their reputation, citing violations under both federal and Pennsylvania state laws.

Common Law Violations:

Penn State brought claims of trademark infringement and unfair competition under Pennsylvania common law.

Defense

Vintage Brand’s defense centered on the argument that its use of Penn State’s trademarks fell under fair use. The defendant claimed its designs were inspired by vintage artwork and historical memorabilia, which it recreated independently. Vintage Brand maintained that it did not intend to mislead consumers or suggest any affiliation with Penn State. The defendant emphasized that its products celebrated nostalgia and history rather than directly competing with Penn State’s licensed merchandise.

Vintage Brand argued that any resemblance between its designs and Penn State’s trademarks was coincidental and not likely to cause confusion among consumers. Additionally, the defendant challenged Penn State’s claims of trademark dilution, asserting that the university failed to prove significant harm to its trademarks’ reputation or distinctiveness. Vintage Brand also contended that its activities were lawful under the First Amendment, citing its right to create and sell expressive works inspired by public symbols and historical imagery.

Jury Verdict

On November 19, 2024, the jury unanimously found that Vintage Brand, LLC, infringed upon Penn State’s trademarks. They concluded that the defendant’s unauthorized use of the plaintiff’s trademarks caused harm and warranted compensation. The jury specifically awarded the plaintiff $28,600.00 as compensatory damages for the Trademark infringement.

Court Documents:

Documents Available for Purchase upon Request