In Penn State Vintage Trademarks: Protecting the Future via the Past I reecently wrote a blog post that discussed a recent case in the United States, where Penn State University successfully defended its vintage sports logos against unauthorized use, highlighting the significance of safeguarding historic/vintage trademarks.
Trademark protection for retro and vintage designshas also long been a concern for brands operating in China. I speak from experience, as a decade ago I represented an English Premier League team involved in a series of contentious trademark matters in China, some of which involved their older crests.
Why Vintage Trademarks Matter in China
Vintage trademarks often carry immense cultural and historical value. From sports teams to luxury brands, these logos represent more than just merchandise (though they do that as well)—they are symbols of legacy, identity, and continuity. And for sports teams in particular, connections to a glorious past often are critically importan for current and future profitability.
Consider the case of Manchester United. According to Forbes, the Red Devils are the world’s second most valuable team. This may seem odd for team that has not won the English league since the 2012-13 season (though they have found modest success in England’s secondary competitions). Yet fans who have been around for a while will know that the 2012-13 was the team’s 13th league title in 20 seasons—an amazing run.
It should not come as a surprise that vintage trademarks are prime targets for counterfeiting and unauthorized use. Unauthorized use of historic logos not only dilutes their value but also misleads consumers and erodes trust in legitimate brands.
Lessons from the Penn State Case
Penn State’s case against Vintage Brand serves as a pivotal example of how protecting vintage trademarks is essential for maintaining brand integrity. Just as Penn State sought to defend its historic sports logos, teams and other brands present in China must adopt similar vigilance to protect their own trademarks. The growing enthusiasm for retro sports merchandise, including products featuring vintage trademarks, underscores the need for robust trademark enforcement mechanisms.
China has made significant strides in strengthening its intellectual property laws, but challenges remain. Counterfeit goods and unauthorized use of trademarks persist, particularly in online marketplaces. The Penn State case offers valuable lessons for how trademark owners in China can proactively safeguard their intellectual property:
- Comprehensive Trademark Registration: Just as Penn State ensured its vintage logos were registered trademarks, brands must prioritize registering all versions of their logos, including older and historic designs. Trademark registration is the foundation of any enforcement effort.
- Proactive Monitoring and Enforcement: Online marketplaces and social media platforms in China are common channels for counterfeit goods. Trademark owners must actively monitor these platforms and swiftly address infringements through takedown notices and legal action.
- Education and Consumer Awareness: Just as the Penn State case highlighted the risk of consumer confusion, educating Chinese consumers about the importance of purchasing licensed products can help mitigate the demand for counterfeit goods.
The Role of International Brands in China
For international brands with vintage trademarks, the Chinese market presents unique opportunities and risks. Retro logos of sports teams, luxury goods, and heritage brands are highly sought after by Chinese consumers. However, without proper trademark protections, these assets are vulnerable to exploitation.
Brands entering the Chinese market should take the following steps:
- Local Trademark Registration: Ensure that all trademarks, including vintage designs, are registered with the China National Intellectual Property Administration (CNIPA).
- Partnerships with E-Commerce Platforms: Collaborate with platforms like Alibaba and JD.com to monitor and address counterfeit listings.
- Cultural Adaptation: Tailor enforcement strategies to align with Chinese consumer behavior and legal frameworks, ensuring that actions are effective and culturally appropriate.
A Global Effort to Protect Heritage
The Penn State case demonstrates the global importance of defending vintage trademarks. By taking proactive measures to safeguard these trademarks, organizations can preserve the integrity of their brands and maintain consumer trust. And trademark protection in China is an important part of the equation for brands manufacturing and/or selling in China—and even those that do not, as counterfeits made in China are a problem for brands, regardless of whether they also make genuine products in China.
Conclusion
The protection of vintage trademarks is not just a legal obligation—it’s a commitment to preserving history and culture. As teams embrace retro branding, the need for robust enforcement of vintage trademarks becomes increasingly urgent. By learning from cases like Penn State’s and implementing strong protections, brands can ensure their legacy endures for generations to come.
