Commonwealth v. Omar , 602 Pa. 595 ( 2009 )

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.