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)

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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 2

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