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Trademarks › Universities

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Mayer Brown

Penn State v. Vintage Brands

Mayer Brown on

In this episode of The Upper Brand, hosts Kristine Young and Rich Assmus delve into the Penn State v. Vintage Brands case, exploring the complexities of trademark use in collegiate merchandise. They discuss the legal...more

Stinson LLP

Penn State Victory Maintains Uneasy Status Quo in Sports Merchandising Industry

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Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things. They have done so on the theory that the...more

Dorsey & Whitney LLP

Repping Your School and How the Penn State Decision Ties In

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School merch is big business. Students want sweats, mugs and the like to show they belong at the school. Alums want merch to show they went to the school. Other purchasers want merch as an aspirational statement, or to...more

Venable LLP

Want to Partner with a College Student Athlete? What Businesses Should Know About NIL Deals | Insights

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Name, image, and likeness (NIL) deals are analogous to endorsement deals, where businesses contract with a person to promote a product or service, but "NIL deals" is typically used to refer to agreements with college student...more

Saul Ewing LLP

The Biggest Trademark Decision of 2024: Penn State Takes on Ornamentality and Wins

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On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit...more

Morrison & Foerster LLP

Penn State Secures Trademark Victory in Dispute over Vintage Merch

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Do trademarks protect iconic names and imagery, or only their use as a brand identifier? This question was at the heart of a closely watched trademark trial in the Middle District of Pennsylvania, where a federal jury...more

McCarter & English, LLP

Penn State Wins Battle of the Vintage Trademarks

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When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have...more

Morris, Manning & Martin, LLP

Penn State Wins Trademark Infringement Case Against Vintage Brand for the Sale of 'Throwback' Merchandise

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A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for...more

Saul Ewing LLP

University Trademarks & Alumni Associations: How Far Is Too Far?

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With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024

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One day, Name, Image and Likeness may pivot away from collectives and pivot toward university-based funding. At least one prominent athletic department is preparing for the possibility....more

Lerman Senter PLLC

Broadcasts, Advertising, and Promotions Related to the 2024 NCAA Basketball Championships

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The NCAA national men’s and women’s basketball tournaments will begin on March 17, 2024 and end with the national championship games in early April. Broadcast stations often conduct promotions tied to these tournaments...more

Dorsey & Whitney LLP

The Supreme Court Update - June 29, 2023

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The Supreme Court of the United States issued four decisions today: Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:...more

Sunstein LLP

THE Biggest Collegiate Trademark News This Year: How Ohio State University Trademarked THE

Sunstein LLP on

On June 21, 2022, after a nearly three-year long application process, The Ohio State University registered the trademark THE. The registration of the simple three-letter word has sparked controversy, several internet jokes,...more

Bricker Graydon LLP

Developing an NIL policy: Athlete use of institutional marks/logos and facilities (Part 3)

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In our continuing "Developing a NIL policy" series, we touch on topics that colleges and universities should consider in drafting a comprehensive (and compliant) policy. In this publication, we will focus on the use of...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Troutman Pepper Locke

Pepper Hamilton Higher Education "In Brief" Webinar Series: Intellectual Property Basics - What Every Higher Education...

Troutman Pepper Locke on

With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"...more

Proskauer Rose LLP

Three Point Shot - October 2019

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Foley Hoag LLP - Making Your Mark

In Defense of Ohio State's Application to Register THE as a Trademark

Foley Hoag LLP - Making Your Mark on

The picture you see is of a shirt from my husband’s closet – a gift I gave him a few years ago. He is a big Ohio State Buckeyes fan, and this is sort of an inside joke for OSU football fans. The word THE superimposed on the...more

Dorsey & Whitney LLP

Cannabis Shirt Battle Costs Iowa State Almost $1M

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We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more

Fox Rothschild LLP

TMs: Never Too Late To The Party

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March Madness always brings about trademark enforcement-related news. What we generally don’t see is news about a participating school submitting trademark applications while the basketball tournament takes place. ...more

Dorsey & Whitney LLP

Cannabis Branding and Free Speech Considerations

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A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

McDermott Will & Schulte

Third Time’s the Charm – or Not

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The US Court of Appeals for the Eighth Circuit maintained its prior decision, holding that defendants violated the First Amendment when refusing to approve use of university trademarks on t-shirts incorporating a marijuana...more

Pullman & Comley - School Law

Not NORML: Blunt Speech in Gerlich v. Leath

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A recent decision by the United States Court of Appeals for the Eighth Circuit serves as a cautionary reminder that once an educational institution creates a limited public forum for speech, it cannot then pick and choose...more

Proskauer Rose LLP

Three Point Shot - December 2016

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In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Proskauer - Minding Your Business

When are Universities and Executive Agencies “State Actors” for Antitrust Immunity?

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More than fifty years ago, the Supreme Court formalized the “state-action antitrust immunity” doctrine - a judge-made rule that certain state governmental conduct is immune from challenge under the federal antitrust laws....more

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