Has Trademark Law Become a Parody?
Patently-O
JUNE 8, 2023
The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply. 1125(c)(3)(A). It will be subject to liability regardless.
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