WILLIAMSPORT – Penn State says it has reached a confidential settlement with the Florida businessman it accused of infringing on its trademarks.
The agreement, according to a notice filed Friday in U.S. Middle District Court, also covers the nearly $27,000 in sanctions Judge Jennifer P. Wilson levied but Paul L. Parshall, 82, had not paid.
The judge had sanctioned him for disobeying her orders and not providing requested discovery.
The settlement also includes attorney fees but does not state the amount. Penn State had sought $163,143.
The injunction Wilson issued in March that permanently enjoined the Naples resident from using any form of the university’s trademarks remains in effect.
She had granted at the same time summary judgment to Penn State against Parshall and his Sports Beer Brewing Co. that he operated through a website. It no longer exists per her order.
Wilson adopted the report of Magistrate Judge Karoline Mehalchick who found Parshall had created an Internet counterfeit scheme to profit from the deliberate misappropriation of Penn State’s trademark rights.
She also concluded Parshall’s pattern of behavior might have kept potential customers from accessing the legitimate university website or the website of licensors of the Penn State marks.
Wilson’s order required the Pennsylvania secretary of state to cancel all of Parshall’s trademark registrations related to the university including those for Penn State Nittany Beer and Penn State Nittany Brewing Co.
The secretary of state in Illinois was directed to do the same for Penn State Lion Cigars.
Parshall was required to transfer to the university all Internet domain names containing a portion or derivative of Penn State’s marks.
Wilson did not award damages because she said there was insufficient evidence for a particular amount but she gave Penn State the opportunity to seek attorney fees.
Parshall had advertised his business as “an intellectual property holding company consisting of a portfolio of sports trademarks, registrations and service marks for sports teams throughout the United States” that do not brew beer.
Among the teams he claimed to have trademarks for beer besides Penn State are Ohio State, Indiana, Chicago Bulls, New York Yankees and New York Giants.
Penn State contended Parshall never took steps to obtain permission from any sports teams referenced on the Sports Beer Brewing website to use their trademarks or otherwise associate with them.
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