In a recent Law360 article titled, “Penn State TM Case’s Impact On Merchandising And Beyond,” Crowell attorneys Cheryl Howard and David Ervin discuss the broader industry ramifications of Pennsylvania State University’s lawsuit against Vintage Brand LLC and the favored outcome for Vintage Brand. In the case, Pennsylvania State University filed a lawsuit for trademark infringement against online retailer Vintage Brand for selling merchandise containing the school’s trademarks. Howard and Ervin analyze Vintage Brand’s successful argument that the university’s marks are ornamental and do not function as trademarks. They explain, “at issue is whether the designs on apparel and merchandise serve as source identifiers for the goods themselves,” and how, “all trademark owners could be affected in their ability to stop unauthorized merchandise depending on future rulings in the case.”

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