Trademark Attorney Riddle Comments on the Trademark Dispute a Gettysburg School District.

Trademark Attorney Charles Riddle was cited in several articles by the Gettysburg Times about a trademark controversy concerning the Gettysburg Area School District logo. In one Article, Gettysburg Times identified Attorney Riddle as a “Trademark Expert”.

Trademark Expert Attorney Charles Riddle

Here Are the Major Points about the Gettysburg Area School District Trademark Dispute:

  1. A local resident (through an associated business, Kierstan’s Kids LLC) attempted to acquire rights to a Gettysburg Area School District trademark. 
  2. Both PA state and US federal trademark applications were filed by Kierstan’s Kids LLC.
  3. According to the Gettysburg Times, Gettysburg Area School District (GASD) school officials received correspondence that “essentially is requesting a cease-and-desist on the use of it by the district”  
  4. According to the Gettysburg Times, the GASD logo was adopted in 2013. 
  5. There is no record showing that the logo was applied for or registered by GASD before Kierstan’s Kids LLC applied to trademark the logo.
  6. According to Attorney Riddle and prevailing state and federal law, GASD’s unregistered, or common law rights are superior to any rights created by the later-filed applications by Kierstan’s Kids LLC.  
  7. According to Riddle, both PA State and Federal trademark laws require sworn verifications that require acknowledgement that no one else has a right to use the applied for mark. 
  8. False statements made in trademark applications are subject to criminal penalties. 

Background on the Gettysburg School District Trademark / Logo  Dispute

A local resident (through an associated business, Kierstan’s Kids LLC) attempted to acquire rights to a Gettysburg Area School District trademark. The dispute started when a local resident, former GASD graduate, and Gettysburg Boro Council Candidate,  Kierstan Demps, claimed ownership of the Gettysburg Area School District trademark for her business Kierstan’s Kids LLC. Demps was in pursuit of the logos ownership and sought to charge the district a licensing fee for its use. According to the Gettysburg Times, Gettysburg Area School District (GASD) school officials received correspondence that “essentially is requesting a cease-and-desist on the use of it by the district”  According to the Gettysburg Times, the GASD logo was adopted in 2013. There is no record showing that the logo was applied for or registered by GASD before Kierstan’s Kids LLC applied to trademark the logo.

A series of news articles were published about the Gettysburg logo controversy and provide the backdrop. 

Council candidate lays claim to trademark GASD logo – October 4, 2023

GASD: Woman warned of possible ‘criminal violations’ in logo dispute – October 6, 2023 

GASD adopts logo – November 11, 2023

The PA State Trademark filed by Kierstan’s Kids LLC – Gettysburg G Logo

Pennsylvania State trademark records show that a trademark was registered for a logo having the letter G surrounded by an arrowhead. The application was filed on September 14, 2023. The owner of the trademark is listed as Kierstan’s Kids LLC.

The state trademark for the logo lists ownership rights in the trademark for clothing, sporting goods, educational & printed materials. The PA trademark registration number is 0013589409.

Gettysburg School District Trademark Logo GASD

The Federal Trademark Application for the Gettysburg School G Trademark Filed by Kierstan’s Kids LLC

On October 25, 2023, a US Trademark Application was filed by Kierstan’s Kids, LLC. The application is for a logo consisting of “of the letter “G” representing the Gettysburg Warriors, is a deep maroon red centered within a white background in the shape of an arrowhead. The arrowhead is outlined in black.” The application Number is 98239617.

The US trademark application for the Gettysburg School G Logo claims that the mark is being used by the applicant for various clothing items specifically including: Bottoms as clothing for humans; Coats for humans; Headwear for humans; Hooded sweatshirts for humans; Pajamas for humans; Pants for humans; Shirts for humans; Sweaters for humans; Sweatpants for humans; Sweatshirts for humans; T-shirts for humans; Tops as clothing for humans; Trousers for humans

The Gettysburg School District Did Not Register the Trademark

There is no record showing that the logo was applied for or registered by GASD before Kierstan’s Kids LLC applied to trademark the logo. However, GASD states that they were using the logo since 2013. According to the Gettysburg Times, the GASD logo was adopted in 2013. 

These unregistered rights are significant, because Both federal and Pennsylvania trademark laws provide safeguards that protect unregistered trademark rights. These unregistered trademark rights in the logo are known as common law trademark rights. GASD’s rights to ownership of the marks, and the associated right to challenge an earlier-filed application or registration, are based on common law prior use.

Filing a trademark application does not extinguish or supersede existing unregistered trademark rights.

The act of filing a trademark application does not extinguish or supersede existing unregistered trademark rights. These unregistered rights are known as common law trademark rights, and they can be used to sue for infringement and cancel a trademark application or registration. 

According to Attorney Riddle and prevailing state and federal law, GASD’s unregistered, or common law rights are superior to any rights created by the later-filed applications by Kierstan’s Kids LLC.  

“These unregistered rights are known as common law trademark rights, and they can be used to sue for infringement and cancel a trademark application or registration.” 

Pennsylvania trademark laws provide safeguards that protect unregistered trademark rights. 

The school’s rights to ownership of the marks, and the associated right to challenge an earlier-filed registration, are based on common law prior use.

Pennsylvania Trademark Law (54 Pa. C.S. § 1116(a) provides grounds for cancellation of a registered mark when:

  1. the registrant is not the owner of the mark;
  2. the registration was obtained fraudulently; or
  3. where an applicant … proves … that the applicant is entitled [to cancel] by virtue of prior use to any mark theretofore registered in the department.

GASD could use this Pennsylvania Trademark Law to cancel the offending PA state trademark. 

Federal trademark laws also protect unregistered trademark rights. 

GASD can have the offending trademark application refused using an opposition proceeding. Common Law, unregistered rights to a name or logo are authorized by federal statute to form grounds to oppose a Federal trademark application. In particular, Section 2(d) of the Trademark Act  provides for refusal of a trademark application when defendant’s mark so resembles a mark registered in the Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the defendant, to cause confusion, or to cause mistake, or to deceive. 15 U.S.C. § 1052(d)

The above federal law can be used to challenge the offending trademark application if it passes trademark examination and is published for opposition.

False Statements or Fraudulent Trademark Filings Under Pennsylvania Trademark Law

Pennsylvania law requires a statement by the trademark applicant that:

the applicant is the owner of the mark … to the knowledge of the person verifying the application no other person … has the right to use such mark, either in the identical form … or in such near resemblance … as to be likely … to cause confusion or to cause mistake or to deceive. 54 Pa. C.S. § 1112(a)(4)

Section 4904 of the Pennsylvania Criminal Code Relates to Unsworn falsification to authorities, and sets out the elements of the crime and penalties. 18 Pa. C.S. § 4904

False or Fraudulent Statements Under US Trademark Law

In connection with a US (Federal) Trademark Application willful false statements and the like are punishable by fine or imprisonment, or both…and can jeopardize the validity of the application or submission or any registration resulting therefrom.

All US Trademark applications require a sworn verification that “the signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Attorney Riddle briefly explained the differences between copyright and trademark:

In the Gettysburg Times article, which characterized Charles Riddle as a Trademark Expert, Mr. Riddle stated that: Trademark centers on “brand identity rights,” like “something (a name or logo) used to identify source or sponsorship of particular goods and services.” On the other hand, copyright law concerns at “rights in works of expression,” such as “text, artwork, music.” Read more about the Gettysburg School District Trademark Dispute and Trademark Attorney Charles Riddle with EsquireTrademarks.com

Disclaimer:  This information is for educational purposes, and is not intended to be legal advice. Each case turns on its own facts.  Please consult with an experienced trademark attorney. 

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