Legal Opinion

Tushnet v. United States Immigration and Customs Enforcement

District Court, District of Columbia

Decided March 31, 2017No. Civil Action No. 2015-0907PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM OPINION

CHRISTOPHER R. COOPER, United States District Judge

Does a t-shirt with “Yankees Suck” emblazoned over the team’s iconic logo violate federal trademark law? An Immigration and Customs Enforcement (“ICE”) spokesman appeared to suggest so in a press conference touting the agency’s crackdown on counterfeit sports apparel before the 2015 Super Bowl. Begging to differ, Harvard Law School professor Rebecca Tushnet explained to ICE that an irreverent parody of a recognized trademark does not infringe because it creates no confusion over the item’s provenance. See, e.g., Louis…

2Cases cited23 opinions

  1. Safecard Services, Inc. v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1991
  2. Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)Court of Appeals for the D.C. Circuit · 1984
  3. Valencia-Lucena v. United States Coast GuardCourt of Appeals for the D.C. Circuit · 1999
  4. Campbell v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1998
  5. Morley v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2007

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3Cited by25 opinions

  1. Roseberry-Andrews v. Dep't of Homeland Sec.Court of Appeals for the D.C. Circuit · 2018
  2. New Orleans Workers' Ctr. for Racial Justice v. U.S. Immigration & Customs EnforcementCourt of Appeals for the D.C. Circuit · 2019
  3. Heffernan v. AzarCourt of Appeals for the D.C. Circuit · 2018
  4. Bagwell v. U.S. Dep't of JusticeCourt of Appeals for the D.C. Circuit · 2018
  5. Coffey v. Bureau of Land ManagementDistrict Court, District of Columbia · 2017

20 more not listed; retrieve them via the Exa API.

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