# Commonwealth v. Omar

> Supreme Court of Pennsylvania · October 5, 2009 · 602 Pa. 595

URL: https://www.frixlaw.com/law-library/cases/9695045

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant v. Omar A. OMAR, Appellee; Commonwealth of Pennsylvania, Appellant v. Daniel J. O’Connor, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 5, 2009
- **Citations:** 602 Pa. 595; 981 A.2d 179; 63 A.L.R. 6th 793; 95 U.S.P.Q. 2d (BNA) 1921; 2009 Pa. LEXIS 2104
- **Precedential status:** Published
- **Opinion:** Dissent by Eakin
- **Judges:** Baer, Castille, Eakin, Greenspan, McCAFFERY, Saylor, Todd
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9695045

## How later opinions describe it (automated extraction)

- holding the Trademark Counterfeiting Statute unconstitutionally overbroad under the First Amendment to the United States Constitution

## Opinion text

Justice EAKIN,
Dissenting.
Whilst I join Madame Justice Greenspan’s dissent concluding Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. C.S. § 4119, is not so vague and overbroad as to be deemed unconstitutional, I write separately because of references contrasting this statute to our recent holding in Malt Beverages Distributors Association v. Pennsylvania Liquor Control Board, 974 A.2d 1144 (Pa.2009). In her dissent, Madame Justice Greenspan states this Court properly found the statute at issue in Malt Beverages to be ambiguous, yet now refuses to find ambiguity in the current statute, which I find to contain even more tenuous language. Dissenting Op., at 617-18, 981 A.2d at 193-94. I dissented in Malt Beverages, believing the statute there was not ambiguous. Therefore, I cannot agree with statements suggesting this Court properly found statutory ambiguity in Malt Beverages. In all other aspects, I join Madame Justice Greenspan’s dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9695045. Public record. Not legal advice.