Pryor Cashman Partner Dyan Finguerra-DuCharme, Co-Chair of the Intellectual Property Group, was quoted in a Bloomberg Law article examining Pennsylvania State University’s trademark dispute with Vintage Brand LLC and the potential consequences for collegiate and broader brand licensing programs.

In the article, “Penn State, Vintage Brand Spar in Case Putting Licensing at Risk,” Dyan discussed Vintage Brand’s argument that its use of Penn State’s logos is merely ornamental rather than an indicator of source or affiliation. She warned that equating the manufacturer of a product with the source of the trademark would conflict with basic trademark principles and create a significant loophole for sellers of merchandise bearing iconic brand logos.

“Who would license a mark anymore if you can’t get sued for counterfeiting or infringement or anything because of this type of a decision?”

Dyan also discussed Penn State’s proposed injunction and the legal standard it would apply to Vintage Brand’s use of the university’s marks.

“The word ‘substantially’ is traditionally seen in copyright infringement disputes rather than trademark cases. That’s a pretty high standard,” and trademark injunctions with this wording create a “higher level that’s not part of the actual law.”

She warned that applying this heightened standard in a trademark case could make it more difficult for brand owners to enforce their rights, potentially weakening their control over licensed merchandise and reshaping how courts evaluate source, sponsorship and affiliation.

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