Pennsylvania new law to ban counterfeit trademarks

This is a discussion on Pennsylvania new law to ban counterfeit trademarks within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; Centre County District Attorney Michael Madeira says he expects the Pennsylvania District Attorneys Association to work with legislators on a ...

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Old Oct 6th, 2009, 04:54 PM   #1
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Default Pennsylvania new law to ban counterfeit trademarks

Centre County District Attorney Michael Madeira says he expects the Pennsylvania District Attorneys Association to work with legislators on a new law to ban counterfeit trademarks.

This comes after the state Supreme Court ruled that the law criminalizes speech protected by the First Amendment.

The cases involved a man accused of possessing boxes of counterfeit Nike sneakers and another accused of selling hats bearing the Penn State logo outside the university's football stadium.

Justice Max Baer says the Legislature probably meant to ban only to bar the unauthorized use of trademarks for profit. But he says it's written so broadly that if the law were upheld, he could be prosecuted for using the words "Nike" and "Penn State" in court papers.

A dissenting justice says the Legislature's "clumsy grammar" shouldn't be the basis for overturning the law whose intent is clear.
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Old Jan 15th, 2010, 06:29 AM   #2
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Default Re: Pennsylvania new law to ban counterfeit trademarks

I find this funny. A little mistake of a legislature can ruin him. In law, one must use the proper term though what trying to express is clear.
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