How Penn State Trial Against Retailer Could Upend TM Law

In a highly anticipated trial scheduled for November 12, 2024, The Pennsylvania State University and online retailer Vintage Brands will face off in a trademark suit that could change how courts examine infringement claims. Law360 interviewed Marshall Gerstein Partner and Chair of our Trademarks and Copyrights practice Tiffany Gehrke for her perspective on the outcome.

"If this goes in Vintage Brand's favor, then it will open a door for retailers and fans to basically start creating and selling merchandise in a way that the licensor, the trademark owner, would no longer be able to control," Tiffany told Law360 in an interview.

Tiffany has written about the case in the past, saying that a Vintage Brand win would be a big disrupter for colleges and universities of all sizes.

We will be watching the trial closely!