
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
Author: Joel N. Kreizman
Date: February 26, 2014

Partner
732-568-8363 jkreizman@sh-law.comShortly after McCall put his t-shirts up for sale on Zazzle.com, the two agencies sent cease and desist letters to the online retailer requesting the immediate removal of the merchandise, citing violations of their intellectual property rights. One of the t-shirts displayed the NSA’s official seal with the words “spying on you since 1952.” Another featured a variation of the NSA seal with the statement “The NSA: The only part of government that actually listens.” A third included a Department of Homeland Security seal, which had been altered, along with the description, “Department of Homeland Stupidity.”
In their cease and desist letters, both agencies cited trademark-like laws that specifically apply to the federal government. DHS referenced a federal statute that prohibits the mutilation or alteration of a seal of any department or agency of the United States. Meanwhile, the NSA cited a law that specifically makes it illegal to use the NSA seal or the words “National Security Agency” and the acronym “NSA” without the agency’s permission.
McCall countered by filing a federal lawsuit, which alleged that his First Amendment rights had been infringed. As set forth in his complaint, “Defendants violated the First Amendment to the United States Constitution by threatening to enforce 50 U.S.C. § 3613 and 18 U.S.C. §§ 506, 701, and 1017 to forbid McCall from displaying his NSA Listens Parody, his NSA Spying Parody, and his DHS Stupidity Parody, from placing the Parodies on products to identify the targets of his criticism, or from selling mugs, T-shirts or other items bearing those designs to customers who want to display the items to express their own criticisms of NSA and DHS.”
Perhaps not wanting to add lack of a sense of humor to the long list of criticisms it has faced in recent months, the NSA recently agreed to settle the lawsuit. Under the terms of the agreement, the NSA will send another letter to Zazzle acknowledging that McCall’s t-shirts qualified as parody and “should not have been viewed as conveying the impression that the designs were approved, endorsed, or authorized by NSA.” The DHS similarly agreed to stand down, acknowledging that its own allegations were “overbroad.” In return, McCall will drop his suit.
The case highlights that taking a strong-arm approach to intellectual property (IP) disputes is not always the best course of action. IP owners must not only consider the strength of their legal arguments, but also the potential reputation harm they may suffer. This is particularly true in cases where the “big guy” is perceived to be picking on the “little guy.”
If you have any questions about this case or would like to discuss how to best protect your company’s intellectual property, please contact me, Joel Kreizman, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!