Opinion
4:21-CV-01091
11-04-2024
THE PENNSYLVANIA STATE UNIVERSITY, Plaintiff, v. VINTAGE BRAND, LLC; SPORTSWEAR, INC., d/b/a PREP SPORTSWEAR; and CHAD HARTVIGSON, Defendants.
ORDER
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Vintage Brand's motions in limine (Doc. 221) are GRANTED in part and DENIED in part as follows:
a. Granted as to evidence related to profits and revenues unrelated to any alleged infringement;
b. Granted as to prior trademark lawsuits and disputes involving Vintage Brand;
c. Granted as to any evidence or description of counterfeiting or counterfeit goods;
d. Granted as to evidence of Wayback Machine captures;
e. Granted as to evidence related to the use of licensing revenue to fund scholarships;
f. Granted in part and denied in part as to evidence related to manufacturing processes;
g. Granted as to lay testimony regarding mark consumer perception or recognition of Penn State marks;
h. Deferred as to evidence of images of clothing bearing the Pozniak Lion design; and
i. Granted as to evidence or argument that trademarks bearing the Pozniak Lion design have achieved incontestable status.
2. Penn State's motions in limine are GRANTED in part and DENIED in part as follows:
a. Granted as to advice of counsel defense (Doc. 223);
b. Granted as to evidence related to Jerry Sandusky (Doc. 227);
c. Granted as to evidence related to Franklyn's Survey One (Doc. 229);
d. Granted as to any legal testimony (Doc. 231);
e. Granted as to any evidence related to copyright law (Doc. 233);
f. Denied as to evidence related to antitrust law (Doc. 235);
g. Denied as to evidence related to aesthetic functionality (Doc. 237); and
h. Granted as to evidence related to the First Amendment or dismissed claims or defenses (Doc. 239).
3. Penn State's motion to strike (Doc. 225) is DENIED.