Sports Merchandising Rights: Is Trademark Law Sidelined for the Season? by Michele S. Katz

In the Women’s IP World Annual 2025, Michele S. Katz, Founding Partner at Advitam IP LLC, explores the evolving landscape of trademark law through the lens of collegiate sports merchandising. Her article delves into the landmark case of Penn State v. Vintage Brand, offering an insightful examination of how universities protect their brands and where those protections may fall short.

The Power of Branding in College Sports

College sports in the United States are more than just entertainment; they're a billion-dollar industry powered by school pride, iconic colours, mascots, and merchandise. From licensed apparel to branded drinkware, universities generate massive revenues by tightly controlling the use of their trademarks.

But in the digital era, unauthorised use and clever reinterpretations of these marks have created fresh challenges for IP enforcement.

Penn State v. Vintage Brand: A Legal Showdown

The case between Penn State and Vintage Brand (VB) brought this tension to the forefront. While Penn State accused VB of infringing its trademarks, VB defended its use by claiming the designs were ornamental or in the public domain, accompanied by disclaimers of affiliation.

Though Penn State ultimately won the case in November 2024, the trial raised troubling questions about the strength of collegiate trademark rights, especially when courts consider some trademarks “merely ornamental,” rendering them potentially unenforceable. Balancing Consumer Protection and Market Control

Michele highlights the core debate: Should trademark law primarily protect consumers from confusion or prevent third parties from profiting off a brand's goodwill?

Judge Brann's reflections in the case questioned whether universities should control marks used by fans primarily to show support, rather than to indicate product origin. This cuts to the heart of how trademark law functions in emotionally driven markets like sports.

A Cautionary Tale for the Industry

Despite Penn State’s legal win, the decision serves as a warning. The judgment and the commentary surrounding it suggest that collegiate licensing strategies may rest on legally shaky ground. Universities must now reassess how they approach trademark registration, enforcement, and consumer engagement.

Conclusion

As the boundaries of trademark law are tested in today’s digital and merchandise-driven economy, Michele S. Katz’s analysis in Women’s IP World Annual 2025 offers timely insights into the legal, commercial, and cultural implications of collegiate branding. A must-read for anyone invested in the future of IP enforcement and rights management.

Read the full article in Women’s IP World Annual 2025, essential reading for legal professionals, brand owners, and IP strategists navigating the evolving intersection of trademark law, merchandising rights, and consumer protection in the digital age.

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