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

WILLIAMSPORT, Pa. (AP) — Penn State has won a closely watched trademark fight over an online retailer’s use of its vintage sports logos and images.

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

Penn State accused them of selling “counterfeit” clothing and accessories without the university’s permission, while the defendants argued that the vintage images were in the public domain.

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 the outcome was being closely watched.

“Our trademarks are a direct and critical representation of the Penn State brand, and we are gratified by the jury’s decision in our favor,” the school said in a statement Wednesday. “The university appreciates this result 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’s trademarks.”

It was not immediately clear if the defendants planned to appeal. Email messages left with their lawyers on Thursday were not immediately returned.

The verdict came after a six-day trial in federal court in Williamsport, Pennsylvania, overseen by Chief Judge Matthew W. Brann.

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