Remove Artistic Work Remove Definition Remove False Advertising Remove Social Media
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Rogers v Grimaldi doesn't apply to alcohol, but Peaky Blinders still can't get injunction

43(B)log

If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. False advertising/passing off: Same basic problems.

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USC IP year in review, TM/ROP

43(B)log

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. Question: is a political newsletter really artistic? Of course, there are lots of expressive works that are purely commercial, like standard advertising.

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