
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.

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe
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!