Penn State, Vintage Brand Spar in Case Putting Licensing at Risk

Monica Riva Talley, director and head of the Trademark & Brand Protection Practice, spoke with Bloomberg Law on the trademark infringement case between Pennsylvania State University and Vintage Brand LLC.

Vintage Brand is seeking to overturn an order stopping it from selling products bearing Penn State’s logo after a jury found the company infringed the university’s trademark. Talley noted that Vintage Brand is trading on the university’s goodwill as consumers still make an association with the brand, adding that this is the company’s business model.

Talley also said that profiting from Penn State’s name contradicts trademark law which aims to protect consumers from confusion as to source or sponsorship of goods and protects brands from “erosion of goodwill.” She continued that a ruling in Vintage’s favor could “open the floodgates” to other manufacturers with a similar business, further diluting the market and the school’s brand.