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by klodolph
1324 days ago
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I just don’t see a fair use angle making it very far here. Obviously the “true” test is to actually argue it in court and get a ruling—but it’s fair game to kibitz and make declarations of how you think a case would get resolved, were it to go to court. |
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I think it really depends on jurisdiction. If it was adjudicated somewhere with the Roger’s test, I think it would have a very decent chance. For example, take Seuss v Comicmix, in which Comicmix didn’t sufficiently meet the bar for parody on copyright grounds but cleared trademark fair use.
https://www.lexology.com/library/detail.aspx?g=ebdcd5aa-17b1...