Rothwell Figg Pro Bono Efforts Secure Public Access to “For The Kids” Trademark for Charitable Initiatives
Rothwell Figg successfully represented pro bono client Kaylee Tutrow in a trademark dispute against The Pennsylvania State University (“Penn State”) over the trademark “For The Kids”, with Penn State agreeing to grant a royalty-free license to the trademark to any group, individual, or charitable organization who intends to use this trademark to raise funds for medical research and support services for pediatric patients. This resolution ensures the phrase “For the Kids” continues to serve its intended purpose of uniting communities and like-minded individuals in philanthropy.
“For the Kids” has served as a unifying call to action for charitable organizations and dance marathons nationwide, rallying support to fund vital care for children. Dr. Tutrow is a medical and Ph.D. student who, inspired by her childhood experience of receiving pediatric care, is deeply invested in fundraising for children’s hospitals. For Dr. Tutrow and countless others, the phrase symbolizes hope, community, and advocacy for children’s health. Despite its widespread use, Penn State initially applied to trademark “For The Kids” for its version of Dance Marathon and the USPTO registered the trademark application in January 2020. Its attempt to maintain exclusive rights to the phrase by registering it as their own trademark undermined the efforts of organizations and individuals like Dr. Tutrow who have used it as a banner for various charitable causes across the country.
In 2023, Dr. Tutrow and Rothwell Figg filed a petition to cancel Penn State’s registration of the mark, noting that “the phrase ‘for the kids’ has been widely used by student-run organizations with no connection or affiliation with [Penn State], including hundreds of dance marathons at different universities, organizations benefiting children’s hospitals, and children’s hospitals themselves to refer to raising money ‘for the kids’ treated at children’s hospitals.” The cancellation proceeding was brought for the sole purpose of ensuring that “For the Kids” would be available to be used by anyone that wished to engage in charitable fundraising to support pediatric patients and their families.
After nearly two years of back and forth, Penn State agreed to a resolution that accomplishes just that. “I truly hope that making this mark available for wide use will be a rallying cry to advance children’s health. I am so excited that For The Kids will be for everyone,” Dr. Tutrow stated.
Dr. Tutrow was represented pro bono by Rothwell Figg attorneys Steven Lieberman, Leo Loughlin, Davide Schiavetti, and Sheena Wang.
