Penn State claims firm that sells products direct to consumers violates its trademarks

WILLIAMSPORT — It has taken more than three years but Penn State's trademark infringement claim against a company that sells its products direct to consumers has finally reached the trial stage.

Testimony began Tuesday in U.S. Middle District Court in the suit brought by the university against Vintage Brand, Sportswear Inc. that does business as Prep Sportswear and Chad Hartvigson of Seattle.

Penn State contends Vintage Brand is not licensed to sell its merchandise and is taking business away from those who are.

Its attorney David Finkelson in his opening statement to jurors accused Vintage of not caring about trademarks, which he called meaningful and valuable.

"The defendants know how to do it right," he said, noting Vintage has its own trademark.

By not being licensed it does not have to adhere to Penn State standards, he said. Vintage is confusing the public into thinking their purchases are supporting the university, he said.

An expert will testify that one of the three people who buy from Vintage's website believes it has Penn State's support, Finkelson said.

Vintage sells print-on-demand merchandise bearing vintage artwork derived from its collection of historic memorabilia.

It sells its merchandise exclusively through its website at www.vintagebrand.com , each page of which contains disclaimers of affiliation, licensure, sponsorship and endorsement.

Its website has more than 350 team pages including one from 2018 to 2021 entitled "Penn State Nittany Lions Vintage Designs."

It made available on it approximately 35 university-related vintage images, all from historic memorabilia predating 1989, such as game tickets, pennants, decals and buttons it claims are in the public domain.

It has temporarily removed that page pending the outcome of the trial from its website.

Sportswear is an e-commerce company that owns a manufacturing facility in Kentucky and provides fulfillment services to Vintage. Neither owns an interest in the other.

Hartvigson, a lifelong sports enthusiast who played minor league baseball, is the majority owner of Vintage Brand and a minority owner of Sportswear.

Vintage's attorney John Fetters disputed the claim consumers are being misled into believing they are buying official Penn State products.

The defense will offer an expert to counter the university's conclusion, he said.

Licensing does not include online by demand direct-to-consumer businesses like Vintage, Fetter contends. Its products are not sold in stores, he said.

Vendors Penn State licensees must use "official label" so consumers know their purchases support the university, he said.

Vintage claims its gross revenue from items bearing Penn State marks and other related designs was less than $25,000.

Hartvigson's first trip to Williamsport was in 1982 as an outfielder on the 1982 Kirkland, Washington, team that won the Little League World Series by defeating Taiwan, 6-0.

Kirkland, behind the shutout pitching of Cody Webster who also hit an estimated 280-foot home run, snapped a 31-game winning streak by Taiwanese teams and a streak of five consecutive world titles.

During the trial, which is expected to last nine days, he said he plans to visit the Little League International complex in South Williamsport.