The Pennsylvania State University v. Vintage Brand, LLC

Filing 195

ORDER - IT IS HEREBY ORDERED that Vintage Brand's Daubert motion 93 is GRANTED and David Franklyn is prohibited from testifying at trial regarding Survey 1; Penn State's Daubert motion 95 is DENIED; Vintage Brand's 135 motion to strike is GRANTED as to Paragraphs 1, 5, and 114 of the SUMF, and Paragraph 15 and the first sentence of Paragraph 6 of Petulla's Declaration, but is DEFERRED in all other respects; Penn State's 141 motion to strike is GRA NTED as to Paragraphs 16 and 25 of Chad Hartvigson's Declaration, but DENIED in all other respects; Vintage Brand's second motion to strike 159 is GRANTED to the extent that the sentence "[t]he image on the left was most likely sour ced from a decal created by a third party around the early 1950s" is stricken from Paragraph 5 of Hartvigson's Supplemental Declaration, but is DENIED in all other respects; Vintage Brand's 110 motion for summary judgment is GRANTED in part and DENIED in part; Penn State's 113 motion for summary judgment is GRANTED in part and DENIED in part; The Court will schedule a telephonic status conference by separate Order. (SEE ORDER FOR FURTHER DETAILS.) Signed by Chief Judge Matthew W. Brann on 2/6/2024. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THE PENNSYLVANIA STATE
UNIVERSITY,

No. 4:21-CV-01091
(Chief Judge Brann)

Plaintiff,
v.
VINTAGE BRAND, LLC;
SPORTSWEAR, INC., d/b/a PREP
SPORTSWEAR; CHAD
HARTVIGSON; ERIK
HARTVIGSON; and MICHELLE
YOUNG,
Defendants.
ORDER
FEBRUARY 6, 2024
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
1.

Vintage Brand’s Daubert motion (Doc. 93) is GRANTED and David
Franklyn is prohibited from testifying at trial regarding Survey 1;

2.

Penn State’s Daubert motion (Doc. 95) is DENIED;

3.

Vintage Brand’s motion to strike (Doc. 135) is GRANTED as to
Paragraphs 1, 5, and 114 of the SUMF, and Paragraph 15 and the first
sentence of Paragraph 6 of Petulla’s Declaration, but is DEFERRED
in all other respects;

4.

Penn State’s motion to strike (Doc. 141) is GRANTED as to
Paragraphs 16 and 25 of Chad Hartvigson’s Declaration, but DENIED
in all other respects;

5.

Vintage Brand’s second motion to strike (Doc. 159) is GRANTED to
the extent that the sentence “[t]he image on the left was most likely
sourced from a decal created by a third party around the early 1950s”
is stricken from Paragraph 5 of Hartvigson’s Supplemental Declaration,
but is DENIED in all other respects;

6.

Vintage Brand’s motion for summary judgment (Doc. 110) is
GRANTED in part and DENIED in part:

7.

8.

a.

The motion is granted as to Counts 2, 3, 4, 5, and 6 of the second
amended complaint, and judgment is entered in Vintage Brand’s
favor as to those counts; and

b.

The motion is denied as to Counts 1 and 7 of the second amended
complaint, and as to Counterclaim One.

Penn State’s motion for summary judgment (Doc. 113) is GRANTED
in part and DENIED in part;
a.

The motion is granted as to Vintage Brand’s Affirmative
Defenses Seven and Eight, but only as to incontestable
registrations; and

b.

The motion is denied in all other respects.

The Court will schedule a telephonic status conference by separate
Order.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge

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