Trademark Cases To Watch In 2026

Rob Hunziker’s commentary was featured in a Law360 article outlining key trademark disputes expected to shape the legal landscape in 2026. The piece highlights the Third Circuit appeal in The Pennsylvania State University v. Vintage Brand LLC, following a jury verdict that found Vintage Brand liable for willful infringement of Penn State’s marks.

Rob noted that the case raises fundamental questions about trademark use and could have broad implications for how marks are applied to merchandise. “You could teach a whole course in trademark law just using this case because it covers so many issues — everything from fundamentals of what is a mark and how it functions to academic and policy debates about what should be protected,” he said. Rob added that the district court’s pretrial decisions set the stage for “a potentially transformative jury verdict,” particularly on whether using a mark on apparel or prints constitutes actionable trademark use.