Penn State Case Testing Sports Merch Industry Heads Before Jury

Penn State University and an unaffiliated sports apparel company face a jury next week in a trademark case that’s already sent a shot across the bow of the sports merchandise licensing industry.

Selling products bearing university and professional sports team trademarks has presumptively required a license ever since a 1970s Fifth Circuit opinion. But in 2022 Chief District Judge Matthew W. Brann declined to toss Vintage Brand LLC’s counterclaims that its items with retro Penn State logos made only ornamental use of them. In February he again left open the possibility that they didn’t function as source indicators, denying Penn ...