Pennsylvania Supreme Court Strikes Down Ridiculously Overbroad Trademark Law
from the getting-it-right dept
The Opinion noted "that the use of the word 'Nike' on a sign at a protest rally, such as 'Nike uses sweatshop labor' would fall within the reach of the Trademark Counterfeiting Statute because the activity would involve the unauthorized use of a word or term used by another to identify goods or services."
The Court went farther and stated, "Taken to the extreme, even our use of the words 'Nike' and 'Penn State' in this opinion without the permission of the company or the university would fall under the current definition of a counterfeit mark. Clearly, the statute prohibits a substantial amount of protected speech."
It's nice to see courts get it right every so often. I wish it happened more.
There was also a concurring opinion and two separate dissenting opinions (all pdfs, of course). Definitely great to see the court get this right, but it makes you wonder what legislators were thinking when they put such a law in place.