Are Feds Seizing Lawful Merch? This Law Prof Wants Answers

Law360, New York (April 12, 2017, 8:24 PM EDT) -- It was January 2015, just before the New England Patriots and the Seattle Seahawks were set to square off in Super Bowl XLIX, when federal customs officials held a press conference aimed at highlighting their efforts to combat counterfeit NFL merchandise.

The stats for the annual pre-Super Bowl enforcement sweep, known as Operation Team Player, were impressive: Officials at U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection had seized more than 320,000 counterfeit jerseys, hats and other items worth more than $19.5 million, making 52 arrests in the process.

But for Rebecca Tushnet, a First Amendment and intellectual...

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