Bloomberg and Josh Gerben Speak About the Penn State Merchandising Lawsuit

The Penn State University trademark infringement case will soon be tried in front of a trial. This comes after the judge in the case refused to toss out the apparel company’s counterclaims that its use of of retro Penn State logos were ornamental.

Bloomberg and Josh Gerben discuss the ruling and its potential impact.

“Any lawyer I’ve talked about this case with, they’re scratching their heads over the position the court took,” attorney Josh Gerben of Gerben IP said. “This logic would turn the marketplace upside-down,” he added. “Why does another company get to exploit schools investments in their brands?”

However, a group of law professors agree with the decision, claiming that many consumer wear sports merchandise to express themselves, not as source providers. The group believes that this ruling would increase merchandise competition and quality.

“That line of reasoning is academic mumbo-jumbo,” said Gerben. “Fair use doctrines such as nominal fair use would prevent stifling truly expressive uses.”

“It’s a fundamental truth people rely on to create brands: you create brand value, ultimately selling that,” he said. “If you take away brand rights, you’re going to hurt every business in the country.”

Source: Jahner, Kyle. https://news.bloomberglaw.com. “Penn State Case Testing Sports Merch Industry Heads Before Jury”. 8 November 2024.