A McGuireWoods trial team proved to a federal jury that an online retailer and manufacturer infringed The Pennsylvania State University’s trademarks by selling unlicensed merchandise with names and vintage images associated with the university.
In The Pennsylvania State University v. Vintage Brand LLC, et al., the jury found that defendants Vintage Brand, Sportwear Inc. and their founder, Chad Hartvigson, willfully infringed Penn State’s trademarks by selling merchandise bearing historic images of protected university logos and names. The jury returned the verdict Nov. 19, 2024, following a six-day trial in the U.S. District Court for the Middle District of Pennsylvania, awarding compensatory damages to the university.
The jury also rejected the defendants’ counterclaim that Penn State’s federal trademark registration for the university’s official seal should be canceled and denied the defendants’ affirmative defenses for nominative fair use and aesthetic functionality.
The closely watched case has significant implications for colleges and universities that license their trademarks to third parties.
Partners David Finkelson and Lucy Jewett Wheatley, co-leaders of McGuireWoods’ intellectual property practice group, led the trial team representing Penn State. The team included counsel Claire Hagan Eller and Courtney Schorr, associates Jessica Maupin and Kyle Smith, and Richmond office managing partner Janet Peyton.
“It was a privilege for our McGuireWoods trial team to tell the story of Penn State’s trademarks, which symbolize the university’s reputation and reflect the hard work of so many people in the Penn State community.” Finkelson said.
Wheatley added: “We are pleased that the jury recognized the fundamental fairness of Penn State’s right to control the use of its own name and symbols, and hope this verdict sends a message to other would-be infringers.” Said David W. Dulabon, Penn State’s associate general counsel: “Penn State is grateful for the outstanding work of David Finkelson, Lucy Jewett Wheatley, and the entire McGuireWoods trial team for providing exceptional representation in this important case. They presented a compelling case that clearly resonated with the jury.”