Tony McShane, a partner in the Intellectual Property practice group, was quoted in the article “Penn State Case Tests Sports Merchandising’s Legal Foundation,” which was recently posted on Bloomberg Law. The article explores a federal judge’s reasoning in a recent decision related to university logos on shirts and other merchandise. The decision, which involved Penn State University and Vintage Brand LLC, refused to accept that the logos functioned as trademarks and was a potential setback for the collegiate sports merchandising industry.

“One person’s fandom is another person trading on another person’s mark,” said McShane. “I think he’s created an intellectual loop that doesn’t go anywhere. And it undermines the concept of developing a brand and expanding it.” He continued, ““Penn State has certainly already registered for its primary business of education. I think this is a case where Penn State wins ultimately.”

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