WILLIAMSPORT — A Seattle-based direct-to-consumer firm continues to contest a jury verdict that it willfully infringed on Penn State trademarks.
Vintage Brand and its founder and CEO, Chad Hartvigson, on Wednesday asked U.S. Middle District Judge Matthew W. Brann to either vacate the November verdict that included a $28,000 award to Penn State or order a new trial.
Following the trial, Penn State sought a permanent injunction, which Brann issued June 25 to prevent Vintage Brand from continuing to infringe on its trademarks.
The jury verdict and injunction also included Sportswear Inc., a Kentucky firm that does business as Prep Sports.
It prints products selected by Vintage Brand customers, attaches Vintage Brand tags, packages and ships the goods. Hartvigson owns 30 percent of Sportwear.
Vintage Brand contends that Sportswear is an “invisible middleman” and cannot be subject to direct liability. At no point did it represent itself as the seller or identify the goods as its own, it says.
Among other claims raised by Vintage Band are:
- The judge’s instructions and the verdict form caused confusion among jurors because of the many trademarks and images at issue.
- The university failed to provide evidence to support its theory of customer confusion between Vintage Brand goods and those licensed by Penn State. The university contended Vintage Brand products were inferior.
- The law prevents registration of a design that consists of or comprises the flag, coat of arms or other insignia of a state. Penn State’s seal creates the commercial impression of the state’s coat of arms.
Brann in issuing the injunction found that failing to do so could result in Penn State losing licensing revenue and suffering harm to its reputation.
The judge acknowledged Vintage Brand will lose sales but noted because of its print-on-demand model, it can continue the unhindered sale of products so long as they do not contain infringing Penn State trademarks.
Vintage Brand, Sportswear and Hartvigson opposed the requested injunction, contending it was overbroad and the monetary damages were sufficient to compensate Penn State.
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