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After trademark battle, UI Dance Marathon and others can use ‘For The Kids’ royalty-free
‘The phrase symbolizes hope, community, and advocacy for children’s health’
Aug. 21, 2025 12:00 pm, Updated: Aug. 25, 2025 5:00 pm
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A former Dance Marathon volunteer who spent years raising money “for the kids” has won the right for philanthropic organizations nationally — including the University of Iowa’s Dance Marathon — to resume using that phrase after filing a petition two years ago to cancel Penn State’s “For The Kids” trademark.
A settlement between Kaylee Tutrow and Pennsylvania State University stipulates any group, individual, or charitable organization can use the trademarked phrase royalty-free to fundraise for research, care and other support for pediatric patients and families.
“This resolution reflects a shared commitment between Penn State and Ms. Tutrow to continue supporting charitable initiatives that benefit children across the country and ensuring that the phrase ‘For The Kids’ continues to serve its intended purpose of uniting communities and like-minded individuals in philanthropy,” according to a July 30 statement Tutrow released about the settlement.
The royalty-free license agreement does require users of the 2020-trademarked phrase to consent to a list of terms, including to use it solely for fundraising that conforms with charitable, good-faith standards. Penn State, per the agreement, reserves the right to review use of the mark — which cannot be used to disparage Penn State or create a false association with Penn State.
The university successfully trademarked the phrase in 2020 in connection with “jewelry, namely, rubber or silicone wristbands in the nature of a bracelet; hats; sweatshirts; sweatpants; and T-shirts,” along with “charitable services, namely, organizing fundraising services and events to raise funds in the field of medical research, treatment, and support services for pediatric cancer patients.”
‘For The Kids Way’
Tutrow — who, as a child, was treated for multiple neurological and genetic disorders at the Riley Hospital for Children in Indianapolis — took issue with the trademark to the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office in August 2023. Tutrow argued she had engaged in and attended philanthropic events supporting children’s hospitals and nonprofits using the phrase “for the kids” long before Penn State filed its trademark application in 2019.
Citing her time with the Indiana University-Purdue University dance marathon “Jagathon,” Tutrow said she personally raised more than $14,000 “for the kids” — which she called “merely descriptive or generic of the goods and services associated with it.”
As evidence of her claim the phrase already was “in widespread, popular, and commercial use” when Penn State filed the trademark, Tutrow cited the University of Iowa Dance Marathon — which as far back as 2011, if not earlier, promoted its big event with “For the kids” signs, slogans, and promotional materials.
In 2019, the university renamed South Hospital Drive near its then-two-year-old UI Stead Family Children’s Hospital “For The Kids Way” to “recognize the dedication and philanthropic impact Dance Marathon programs across the state have made on the patients and families.”
But, “due to trademark restrictions,” the university last year renamed the road “Hawkeye Wave Way,” in honor of the new tradition of fans and players waving at Children’s Hospital patients after the first quarter of Hawkeye home football games in nearby Kinnick Stadium.
“Tutrow brought the cancellation proceeding solely because, to her and countless others, the phrase symbolizes hope, community, and advocacy for children’s health,” according to the law firm Rothwell Figg, which represented her pro bono. “(Penn State’s) 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.”
‘Attack Penn State’s trademark’
Although “For the Kids” had been used by student-run organizations with no Penn State connection for years, the university fought Tutrow’s attempted cancellation — asking the appeal board to dismiss her case on grounds she didn’t have standing.
“Ms. Tutrow alleges that she donates time and money supporting and fundraising for other organizations that fight pediatric medical issues, such as Riley Hospital,” Penn State attorneys argued in their motion to dismiss. “Given this assertion, it is frankly bizarre that Ms. Tutrow is choosing to spend her time attacking an organization that raises money for children with cancer.”
Calling her “profoundly dishonest,” the defendants said Tutrow “claims that she has the right to attack Penn State’s trademark because of her support and fundraising for entities such as Riley Hospital — though Riley Hospital has not joined her efforts or ever expressed any concerns regarding FOR THE KIDS to Penn State.”
But the board in December 2024 ruled Tutrow had sufficiently argued that “For the Kids” is “descriptive and has not become distinctive of Penn State’s goods and services,” according to her attorneys.
“Following the (board’s) Dec. 20, 2024 ruling, the parties decided to work together on a resolution to accomplish Tutrow’s goals,” Rothwell Figg reported.
Under the terms of the royalty-free license established by the resolution, groups, individuals, and charitable organizations who want to use the trademark to fundraise “can easily receive a royalty-free license without needing to ask for express permission from Penn State.”
The UI Dance Marathon has not immediately integrated the phrase back into its promotion and fundraising materials.
Vanessa Miller covers higher education for The Gazette.
Comments: (319) 339-3158; vanessa.miller@thegazette.com
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