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by antiterra
1324 days ago
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Yes, it’s all bench racing but caselaw provides some small manner of clairvoyance. 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... |
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