The University of Georgia and 11 other collegiate institutions are suing a Washington-based businessman and his online retail companies for trademark infringement and counterfeiting, claiming their registered names, mascots and other symbols are being unlawfully exploited for profit.
A lawsuit filed Aug. 16 by the dozen colleges and universities in a Georgia federal court alleges that Seattle resident Chad Hartvigson and his companies Vintage Brand LLC, Vintage Brand Inc. and Sportswear Inc. manufacture and sell knockoff merchandise, “despite a mountain of objections, lawsuits, and adverse judgments against them for violating the trademark rights of other colleges and universities.”
Hartvigson did not immediately respond Wednesday to inquiries about the case. He and his companies have been sued in federal courts across the country by other collegiate institutions alleging trademark infringement.
Credit: University of Georgia
Credit: University of Georgia
In 2020, the Savannah College of Art and Design won its 2014 case in a Georgia federal court against Sportswear Inc., doing business as Prep Sportswear, which markets itself as “the ultimate high school sports apparel and college fan gear store.” Sportswear Inc. was permanently banned from selling products with SCAD’s trademarks.
Hartvigson and his companies confidentially settled Baylor University’s 2021 case in October, on the eve of trial, after a Texas federal judge ruled that they had infringed Baylor’s trademarks. They’re separately fighting a case filed in 2021 by Penn State University, and are due to go to trial in June 2025 in a Washington federal court where they were sued in 2021 by a dozen different collegiate institutions.
“Defendants — alone or in combination — have been sued by over twenty other colleges or universities for trademark violations on virtually the same facts at issue in this lawsuit, including based on their unauthorized use of marks on the vintagebrand.com and/or prepsportswear.com websites,” the Georgia complaint states.
The plaintiffs say Hartvigson and his companies are not licensed or authorized to use their trademarks, which include the UGA’s Bulldogs and Dawgs designs. A red T-shirt featuring UGA’s Bulldogs mascot appeared Wednesday on the homepage of Vintage Brand’s website.
Credit: Vintage Brand
Credit: Vintage Brand
The defendants sell knockoff merchandise reflecting the brands of approximately 100 Georgia high schools and collegiate institutions, stating that products are “not sponsored or endorsed by” the schools, the plaintiffs allege.
“Defendants’ targeting of Georgia schools is admittedly and explicitly unauthorized, and thus part of their unlawful scheme at the heart of this lawsuit,” the complaint states.
The plaintiffs, including Auburn, Duke and Notre Dame universities, allege the defendants have received demand letters from hundreds of collegiate institutions and other trademark owners objecting to the unauthorized use of trademarks. Each of the plaintiffs has a Georgia connection as they all use Atlanta-based licensing agents, their lawsuit states.
According to the complaint, Sportswear Inc. used to license trademarks from collegiate institutions and sell associated products through Prep Sportswear, until “numerous institutions uncovered violations of their trademark rights by Sportswear.” That’s when Hartvigson and two employees founded Vintage Brand LLC, the lawsuit alleges.
Vintage Brand was established in 2017 and offers “the world’s largest collection of unique vintage sports apparel and gear,” according to its website.
Credit: Complaint
Credit: Complaint
UGA, through its athletic association, and the other plaintiffs in the Georgia case claim that Hartvigson sells products “using infringing or counterfeit marks at vintagebrand.com without authorization from any collegiate institutions, with such goods manufactured by Sportswear.” They allege that Hartvigson established Vintage Brand Inc. as a Tennessee company in 2022, after being sued by several universities for trademark infringement.
Products sold through Vintage Brand and Prep Sportswear include shirts, hats, socks, tumblers, coasters, mugs, beverage holders and puzzles, the Georgia lawsuit alleges.
UGA and the other plaintiffs want to permanently block the defendants from using their trademarks. They also seek unspecified compensation, including the defendants’ profits associated with the sale of products bearing their trademarks.
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