A judge on the Pennsylvania Supreme Court, which threw out a state anti-counterfeit law on October 5, said the law in question was so broad that the court’s use of the words “Nike” and “Penn State” would have violated the law in question.
The ruling, does not, however protect those selling fake Phillies jersey from the long arm of the law — a federal civil seizure order and other criminal laws fill the void — or the eyes of MLB investigators.
Ethan Orlinsky, general counsel for Major League Baseball Properties, told The Philadelphia Inquirer that undercover teams would be scouring anywhere in Philadelphia where counterfeit goods might be sold.
More than 18,500 counterfeit t-shirts were confiscated by investigators last year, the paper said.
One way to tell the real goods from the fakes is that each real MLB licensed item has a silver holographic sticker of the MLB logo. (The MLB has to be happy with the current trend of leaving those stickers on the cap bill.)
Any similar MLB investigative teams prowling the surrounding areas of the Rockies’ stadium are in for a cool night — with a 6:07 start time, the temperature in Denver is 47 degrees.
Ben Hallman at The AmLaw Litigation Daily has an amusing take on this one as well — he thinks wearing a shirt proclaiming ones love for the Phillies just might be “criminal” no matter what.
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