Pennsylvania State University v. University Orthopedics, Ltd.

706 A.2d 863 (1998)

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Pennsylvania State University v. University Orthopedics, Ltd.

Pennsylvania Superior Court
706 A.2d 863 (1998)

Facts

Pennsylvania State University (PSU) (plaintiff) operated a sports-medicine and orthopedic practice through the Penn State Center for Sports Medicine in State College, Pennsylvania. University Orthopedics, Ltd. (UO) (defendant) was a medical corporation specializing in sports medicine and orthopedic medicine also in State College, Pennsylvania. UO advertised at PSU sporting events and presented one of its doctors as the “team surgeon for Penn State athletes.” People would commonly call PSU if they were trying to reach UO. PSU brought claims for unfair competition and trademark infringement against UO, seeking injunctive relief and damages. PSU claimed that UO’s use of the word “university” was intended to lead customers to believe that UO was affiliated with PSU. The trial court granted summary judgment in favor of UO. PSU appealed.

Rule of Law

Issue

Holding and Reasoning (Cavanaugh, J.)

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