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Florida man ordered to pay $9,493 in PSU trademark suit

WILLIAMSPORT – A federal judge has ordered a Florida man to pay attorneys representing Penn State $9,493 as a sanction for failing to adhere to court orders in a trademark infringement case.

The amount U.S. Middle District Judge Jennifer P. Wilson on Wednesday ordered paid by Paul L. Parshall by Aug. 20 is less than the $17,373 requested.

The judge reduced the amounts requested by three attorneys saying they were above the prevailing hourly rates in the Middle District.

Wilson on May 4 had granted Penn State’s motion for sanctions and directed the university to submit an invoice detailing its legal costs.

At the same time, she warned Parshall of Naples, Florida, that continued failure to adhere to her orders could result in a default judgment against him.

Parshall on Monday filed notice he had provided certain discovery material as ordered.

Penn State last July sued Parshall after he applied either for trademarks or registrations for Penn State Nittany Brewing Co., Penn State Nittany Beer and Penn State Nittany Lion Cigars in Pennsylvania and Illinois.

He also attempted to do so with the U.S. Patent and Trademark Office.

Penn State sought sanctions citing the extra work required by its attorneys because Parshall failed to provide the requested material.

Parshall – who in an October court filing said he was nearly 80, had suffered two strokes and does not travel – claims to have offered Penn State $50,000 for the trademarks that are the subject of the court case.

Penn State, on the other hand, says it has offered to settle the suit if Parshall agrees to terms that include paying $70,000 to cover the university’s legal costs.

He also would have to abandon any trademark applications or registration for Penn State Nittany Brewing Co., Penn State Nittany Beer and Penn State Nittany Lion Cigars.

If Parshall would accept the Penn State offer he would have to transfer the domain of pennstatenittanybeer.com to the university.

Penn State’s suit seeks an injunction to stop the alleged trademark infringement and up to $2 million for each trademark willfully counterfeited and infringed.

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