
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
Author: Joel N. Kreizman
Date: February 26, 2014

Partner
732-568-8363 jkreizman@sh-law.comShortly after McCall put his t-shirts up for sale on Zazzle.com, the two agencies sent cease and desist letters to the online retailer requesting the immediate removal of the merchandise, citing violations of their intellectual property rights. One of the t-shirts displayed the NSA’s official seal with the words “spying on you since 1952.” Another featured a variation of the NSA seal with the statement “The NSA: The only part of government that actually listens.” A third included a Department of Homeland Security seal, which had been altered, along with the description, “Department of Homeland Stupidity.”
In their cease and desist letters, both agencies cited trademark-like laws that specifically apply to the federal government. DHS referenced a federal statute that prohibits the mutilation or alteration of a seal of any department or agency of the United States. Meanwhile, the NSA cited a law that specifically makes it illegal to use the NSA seal or the words “National Security Agency” and the acronym “NSA” without the agency’s permission.
McCall countered by filing a federal lawsuit, which alleged that his First Amendment rights had been infringed. As set forth in his complaint, “Defendants violated the First Amendment to the United States Constitution by threatening to enforce 50 U.S.C. § 3613 and 18 U.S.C. §§ 506, 701, and 1017 to forbid McCall from displaying his NSA Listens Parody, his NSA Spying Parody, and his DHS Stupidity Parody, from placing the Parodies on products to identify the targets of his criticism, or from selling mugs, T-shirts or other items bearing those designs to customers who want to display the items to express their own criticisms of NSA and DHS.”
Perhaps not wanting to add lack of a sense of humor to the long list of criticisms it has faced in recent months, the NSA recently agreed to settle the lawsuit. Under the terms of the agreement, the NSA will send another letter to Zazzle acknowledging that McCall’s t-shirts qualified as parody and “should not have been viewed as conveying the impression that the designs were approved, endorsed, or authorized by NSA.” The DHS similarly agreed to stand down, acknowledging that its own allegations were “overbroad.” In return, McCall will drop his suit.
The case highlights that taking a strong-arm approach to intellectual property (IP) disputes is not always the best course of action. IP owners must not only consider the strength of their legal arguments, but also the potential reputation harm they may suffer. This is particularly true in cases where the “big guy” is perceived to be picking on the “little guy.”
If you have any questions about this case or would like to discuss how to best protect your company’s intellectual property, please contact me, Joel Kreizman, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!