Third Circuit Hears Penn State Trademark Arguments

The U.S. Court of Appeals for the Third Circuit heard oral arguments Thursday in a trademark dispute involving Penn State University marks on retro-style clothing sold by Vintage Brand.

Vintage Brand argued that its use of phrases such as “Penn State” on apparel is merely decorative and does not function as a trademark indicating the goods originate from the university. The company contended consumers purchase the items for aesthetic reasons tied to nostalgia.

Judges pressed the argument, noting that buyers seek the products specifically to express affinity for the school. One judge observed that the apparel’s function is not purely aesthetic.

The case centers on whether such uses create a likelihood of confusion or dilution under federal trademark law. No decision was issued from the bench.

Sources: https://news.bloomberglaw.com/ip-law/court-mulls-use-of-schools-trademark-on-retro-style-clothing https://www.law360.com/articles/2516158/9th-circ-bad-spaniels-ruling-rewrites-tm-dilution-playbook