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US judge articulates new test for trademark claims involving alleged public domain works

By Melissa Ritti ( November 5, 2024, 14:42 GMT | Insight) -- A US judge clarified yesterday that “the core” question for jurors seated at next week’s infringement trial between the Pennsylvania State University and Vintage Brands is “whether a trademark claim may lie . . . when consumers allegedly purchase goods bearing a protected mark for reasons unrelated to source identification.” Along the way he waded into ambitious waters, articulating a new test for courts that find themselves balancing on the “razor’s edge” intersection of trademark and copyright law when infringement of the former implicates public works under the latter.In a lengthy ruling addressing a flurry of last-minute motions he said should have been filed earlier, US District Judge Mathew Brann of the Middle District of Pennsylvania set the stage yesterday for an important courtroom clash between the Pennsylvania State University and collegiate apparel-maker Vintage Brands....

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