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A Win for Multiracial Democracy

Strict Scrutiny

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The Ninth Circuit's Opinion in the Case of BadSpaniels

The Ninth Circuit found for the dog toy company and this was pretty rough going for Jack Daniels. Unfortunately, the opinion itself was way less funny than the facts of the case or the oral argument. But on delusion, which is separate from infringement, the court found the lower court was wrong to basically conclude that every parody is necessarily non-commercial.

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