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Marshall Gerstein Partner and Chair of the firm's Trademarks & Copyrights Practice Tiffany Gehrke authored an article for University Business, giving higher education leaders insight into a forthcoming trial in a Pennsylvania federal court that centers on trademark use. In the case, The Pennsylvania State University v. Vintage Brand, LLC, collegiate licensing, a big money-maker for colleges and universities of all sizes, could be at stake.
"This case will likely hinge on whether Vintage Brand's use of Penn State's trademarks is merely ornamental," Tiffany explains in the article. "On the one hand, if consumers are clear about the source, sponsorship, affiliation or endorsement of a particular good as required by section 1125(a) of the Lanham Act, then competitors should be able to compete in the marketplace freely."
"On the other hand, if third parties can take registered trademarks and create composite images prominently featuring the trademarks, and sell them on competing products, then it could potentially open up a floodgate of unauthorized trademark uses. This would make it hard for brand owners—in this case, colleges and universities—to generate licensing revenue and also to enforce their marks and maintain control over the quality of goods and services bearing their marks."
Read more about the case and the possible implications here at University Business.
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