Pennsylvania State University, more commonly known as Penn State, has succeeded against Vintage Brand LLC following the retro sportswear seller’s attempt to overturn a jury verdict that found them guilty of trade mark infringement, false designation of origin and unfair competition back in June 2021.
The initial claim filed by Penn State followed the sale of retro-style clothing which featured the college’s trade marks such as the “Penn State” word mark as well as various Lion logos by Vintage Brand LLC as well as by another company named Sportswear Inc. The defendants argued that the images/logos they had used on the clothing were part of the public domain as memorabilia, that they weren’t using them as trade marks and that they had disclaimers of affiliation to the college on the website under which they were selling the clothing in question.
Following the initial loss, Vintage Brand LLC filed a motion for a judgement as a matter of law and a new trial rather than an appeal. However, this was rejected on 31 October 2025 by U.S. Middle District Judge Matthew W. Brann on the basis that the jury’s verdict was supported by substantial evidence and there had been no miscarriage of justice, therefore a new trial was not warranted.
The judge did, however, express scepticism and discomfort regarding the use of trade mark law in this way by large institutions, to control the use of ‘historical imagery’, such as the retro Penn State Lion logos. Whilst the court’s ruling here demonstrates that institutions can control brand identity through enforcing their trade marks in this way, it also may prompt appellate review as to how such institutions should be able to leverage such rights when it comes to merchandising.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
