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Is It Infringement If It's Funny?
Strict Scrutiny
The Parody of Bad Spaniels Dog Toys
Some justices seemed very interested in the possible exception from protection for artistic expression or other forms of speech. Elena Kagan was not sure that bad spaniels dog toys fell under the parody exception as was being postulated. In fact, any time you go out after or you use the mark of a large company, it's a parody just by definition.
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