• Skip to primary navigation
  • Skip to main content
Cyberlaw clinic logo

Cyberlaw Clinic

Pro bono legal services to clients at the intersection of technology and social justice

  • TEAM
  • PRACTICE
  • RESOURCES
  • CONTACT
  • BLOG
  • Show Search
Hide Search

Commonwealth of Massachusetts v. Busa

· July 30, 2012 ·

COMMONWEALTH OF MASSACHUSETTS v. BUSA  |  Docket No. 1101cr005277  |  Boston Muni. Ct. Centr. Div. May 21, 2012  |  The Cyberlaw Clinic prepared this amicus brief (pdf) on behalf of the Digital Media Law Project in a case that involved a prosecution under Massachusetts’s anti-counterfeiting law, M.G.L. ch. 266 § 147 (“Section 147”).  Section 147 punishes one who willfully “manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item or services bearing or identified by a counterfeit mark,” and it defines “counterfeit mark” to include “any unauthorized freproduction or copy of intellectual property.”  The brief argued that Section 147’s definition of counterfeit mark — with no requirement that the mark be likely to cause confusion — criminalizes speech protected by the First Amendment and is thus unconstitutional.

Attorney advertising. Prior results do not guarantee similar outcome. Content is for informational purposes and is not legal advice. Use of the site is not an invitation to enter into and does not create an attorney-client relationship. Do not convey information you regard as confidential unless a formal attorney-client relationship is established. Information received prior to establishment of such relationship will not be confidential.

Accessibility | Digital Accessibility

Cyberlaw Clinic

Copyright © 2025 · Monochrome Pro on Genesis Framework · WordPress · Log in