Stealing Valor is Not Yet a Federal Crime

With all the clamor recently about some high-profile Supreme Court rulings– especially, those addressing immigration and healthcare legislation – one case about the exercise of First Amendment free speech rights received little public attention outside of the military communities. On June 28th, the Supreme Court ruled that the government does not have the power to punish individuals for lying about their receipt of military awards. Such a law, the majority said in a 6 to 3 decision, is an unconstitutional infringement of free speech.

The Stolen Valor Act of 2005 made it a crime for a person to falsely claim, orally or in writing, “to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States.” 

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“Here’s Looking at You, Kid”: That’s Not London Fog in the Moroccan Mist

Burberry has made extensive social media efforts this year to tell the public how its iconic look and status developed over time. Companies, like Burberry, with a visual history to promote, are especially attracted to Facebook’s Timeline. 

Timeline lets users post stories and pictures in chronological order. Visitors scroll down on a Facebook page and go back in time to the initial creation of a product. 

The company can create a nostalgic connection between the visitor and the brand. The Facebook Timeline for this “156 year-old global brand with a distinctly British attitude” includes photos of Burberry’s first store opening in 1856, images of pilots wearing Burberry aviator suits, and pictures of its classic trench coat through the years. 

Then Burberry posted a photo of Humphrey Bogart (Rick) wearing an actual Burberry trench coat in that sublime final scene of the film Casablanca, where Rick stands on the foggy runway, one of “three little people” whose problems “don't amount to a hill of beans in this crazy world…” The Burberry caption underneath the photo reads: “Humphrey Bogart wearing a trench coat in the final scene of Casablanca (1942).”

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Obama’s Campaign Committee Sues Online Vendor for Trademark Infringement

Rising Sun Trademark

Last week President Obama’s campaign committee, Obama for America, filed a trademark infringement lawsuit against an online vendor, DemStore.com, for allegedly using the campaign’s trademarked logo without permission. 

The campaign sent DemStore.com two “cease and desist” letters last year, but the company did not stop using the logos. DemStore has sold merchandise supporting Democratic candidates since 1985, and currently sells Obama election merchandise bearing two logos that belong to Obama for America. 

The two logos at issue are the “Rising Sun” logo, which Obama for America has owned under a federally registered trademark since 2008; and the “2102 Rising Sun” logo, for which it has a pending federal trademark application.

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Recording Artist Pitbull’s First Amendment Defense

Artists, authors and advertisers often ask our law office if they can use references to celebrities and other public personalities in their works and performances. Isn’t it fair use if I’m not charging for my own work that uses the celebrity’s name? Isn’t it parody if the name or image is imbedded in my original funny skit? Isn’t it free speech if the object of critique is of public interest? 

If an impersonation of Sarah Palin is ok, can’t I show the dark unknown about the Queen of England? Or write a song about George Zimmerman's parents? Personal publicity rights, which are largely the creations of state law (note that California has one of the more protective publicity statutes), combined with privacy laws established in constitutional jurisprudence and statutory recognitions, come up against the ever-shifting domain of First Amendment rulings and exclusions. The legal consequences can be surprising.

Read more about Pitbulls defense here on our company site...