A federal judge Tuesday denied a request to stop a popular street vendor from selling T-shirts bearing the name of a University of Pittsburgh fan club that filed a trademark infringement lawsuit.
Chief U.S. District Judge Donetta Ambrose ruled in favor of Charles Bonasorte, owner of The Pittsburgh Stop Inc., and against the Oakland Zoo Fan Club and its president, Matthew L. Cohen.
Cohen was granted a Pennsylvania registered trademark on Nov. 7, 2002, and Bonasorte has had a federal trademark application pending since Feb. 3.
In such cases, trademark ownership is established by the first use in commerce, not by registration, Ambrose said in denying the fan club's request for a preliminary injunction.
Bonasorte, who played on Pitt's 1976 national championship football team, rang up his first sales on Nov. 16, 2001, and Cohen didn't sell a T-shirt until March 2002.
Oakland Zoo's attorney, Steven Irwin, said he was disappointed but vowed to keep fighting in court.
"We are confident that (Ambrose) will find after hearing all the evidence that Oakland Zoo is the owner of the trademark," Irwin said.
Cohen, a Pitt senior from Philadelphia, and Oakland Zoo co-founder Zachary Hale, 21, also a Pitt senior, couldn't be reached for comment.
Bonasorte's attorney, Fred Rabner, praised the ruling and said there was "clear evidence that Pittsburgh Stop is the true trademark owner."
Rabner said his client is prepared "to fight to the finish" if the case goes to trial, but added that he believes the plaintiffs "should consider the judge's ruling that their case was without merit."
Cohen had approached Bonasorte and asked him to make the shirts, to be given away to students at Pitt basketball games. He made 30 shirts, which he gave to Cohen on Nov. 16, 2001, at a discounted price of $5 each.
Later, the Pitt Student Government Board and a university alumna contacted by Bonasorte donated $2,000 each to have shirts made at the discounted price, with the Pittsburgh Stop name on the back, to be given to students free.
When Cohen began selling the shirts to alumnae and the public for $10 each to cover travel expenses for club members to attend road games, Bonasorte stopped selling shirts to Cohen.
