The Commonwealth of Pennsylvania could not proceed with criminal trademark counterfeiting claims against an individual for transporting counterfeit Nike sneakers and against another individual for selling hats bearing counterfeit Penn State University logos because the Pennsylvania Trademark Counterfeiting Statute was unconstitutionally overbroad, according to Pennsylvania's highest court. The statute criminalized speech protected by the First Amendment.

The statute's definition of "counterfeit mark" included any "term" or "word" adopted or used by a person to identify that person's goods or services. Therefore, the statute prohibited protected speech, the court said, such as the use of words on a sign praising or protesting any entity with a trademarked name. The prohibition was not restricted to uses with the intent to sell or distribute items bearing the challenged term or word, which would have limited the reach of the statute to constitutionally unprotected conduct.

Omar., Pa. S.Ct., ¶61,500.