Pryor Cashman Partner Dyan Finguerra-DuCharme, Co-Chair of the Intellectual Property Group, was quoted in a Law.com article examining Vintage Brand LLC’s appeal of a trademark infringement verdict involving its sale of unlicensed merchandise bearing Pennsylvania State University logos.

In the article, “Online Retailer to 3rd Circuit: Undo Penn State Victory in Trademark Dispute,” Dyan discussed the significance of the appeal, which centers on whether Vintage Brand's use of Penn State's logos is ornamental or unlawfully suggests the university's sponsorship, endorsement, or affiliation:

“The legal principle on appeal reaches far beyond one university and one online retailer. The decision could reshape the rules governing branded merchandise across the licensing industry.”

The article also examined Vintage Brand’s reliance on website disclaimers and the absence of an “officially licensed” label to argue that consumers would not believe Penn State sponsored its products:

“If a disclaimer and hang tag can be enough to defeat a claim of confusion even when merchandise prominently displays Penn State’s marks, the same defense could be asserted by sellers using any famous brand.”

Dyan warned that a Third Circuit ruling in favor of Vintage Brand could have a "domino effect" across the licensing industry, making it more difficult for universities and other brand owners to protect their marks against unauthorized merchandise.

Read the full article using the link below (subscription may be required).

[Law.com] Online Retailer to 3rd Circuit: Undo Penn State Victory in Trademark Dispute