Pa. High Court Strikes Down Trademark Law

Law360, New York (October 6, 2009, 4:30 PM EDT) -- In a consolidated case, the Pennsylvania Supreme Court has upheld a lower court's finding that the state's Trademark Counterfeiting Statute is unconstitutionally vague and violates the First Amendment.

The court ruled 4-3 on Monday to affirm the decision of the Centre County Court of Common Pleas to strike down the law as overbroad.

Writing for the majority, Justice Max Baer said the statute criminalizes speech protected by the First Amendment to the U.S. Constitution.

In the first case the court examined, police arrested a man for...
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