Scott Pilutik

I am an attorney and consultant living and working in Manhattan, focusing primarily on church/state constitutional law. I'm a recognized expert on the Church of Scientology organization. I also have strong interests in intellectual property law where it intersects with emerging media, and free speech.

I support the efforts of the Americans United for Separation of Church and State, the Freedom From Religion Foundation, the National Lawyers Guild, the ACLU, Creative Commons, and the Electronic Frontier Foundation. I am a member of the New York County Lawyers Association and the New York State Bar Association. I also enjoy (watching) hockey and (doing) photograhy.

Online I can be found on Facebook, Twitter. My resume can be viewed here. I can be reached by phone at 212.645.6241 or by e-mail at pilutik[at]

The Ownership of Occupy Wall St.

I’m going to post something more generally about Occupy Wall Street [hereinafter #ows] soon but in the meantime, I want to comment on a tangentially related issue that arose after one protester at Zuccotti Park took it upon himself to file a trademark application for the term “Occupy Wall St.” [Original Smoking Gun story here; [...]

**** revisited

A friend asked me a question about a domain name he was considering registering but was hesitant because his proposed domain used the trademarked name of a corporate entity that his proposed website intended to criticize. The name of the domain name isn’t important to the minor point I want to raise (and I obviously [...]

Delorme McKee-Stovall and Santa Clara County – Defamation or False Light against Scientology protesters?

[UPDATED a/o 8:56 pm 2/28-- I've made some tweaks and corrections to this article, and may do so again, but the bulk will remain the same]

The “Network for a Hate Free Community” [site here] is an outgrowth of the County of Santa Clara, California, and headed by Delorme McKee-Stovall, who has taken up Scientology’s [...]

Hard evidence of Scientology’s illegal e-meter policy

Not long ago I posted about Scientology’s abuse of eBay’s VeRO program, which permits intellectual property holders to determine what constitutes an infringement and thus unchecked permission to remove sale listings. eBay’s VeRO program thus encourages overreaching by rightsholders.

One of the most notorious VeRO overreachers has been the Church of Scientology, which [...]

Yet Another E-meter, This Time for Real

The two e-meters in the previous post were indeed sold on eBay. However, the sale of the first e-meter ended after one day–five days early. The sale of the second e-meter is curious too, as no picture was included in the listing. This may have had the effect of robbing Scientology of its only thin [...]

New E-Meters For Sale on eBay

And with a very low $50 starting bid! It’s an older model, a Mark VI, and from the looks of it as well as the description, used. Here’s the link to the e-meter. Here’s a screenshot of the listing, in case it suffers the same fate as countless e-meters before it. With so much attention [...]


I never expected all this hoopla (and you can quote me on that!). The hoopla I’m speaking of is for the 45,000+ ‘unique visitors’ to this site yesterday, from Slashdot, Digg, Reddit, Guy Fawkes, and Emma, all to read my post on Scientology’s abuse of eBay’s VeRO system. You all caused me to lose sleep [...]

Scientology Abuses eBay's VeRO Program to Practice Religious, Price Discrimination

By the time Bill (not his real name) left the Church of Scientology a few years ago, he had amassed quite a collection of Scientology material—mostly books, tapes, e-meters. But ex-members of Scientology (especially staff members) find themselves in a difficult spot in this regard when they leave Scientology: their books, tapes, and e-meters are [...]

Possible Scientology v. Gawker Empire copyright action

I attempted to leave the below comment at this thread on Gawker but it hasn’t yet appeared, so I’ll just post it here as well. The post includes a cease and desist letter from Ava Paquette and a reply by Gawker’s lawyer and VP, Gaby Darbyshire, claiming fair use. — A few points regarding fair [...]

fantasy names and statistics are free

I forget whether I commented on this case here before but I’m pleased at its end. A while back MLB sued the CBC fantasy sports empire over the right to use the baseball players’ names, claiming that its use was violation of the players’ right of publicity. The Eighth Circuit disagreed (pdf), affirming a lower [...]