Fashion, NFTs, and Artistic Expression
The Art Law Podcast
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Rothschild's First Amendment Defense of Intellectual Property Liability
The jury found that the defendant was liable for trademark infringement and dilution. The jury then had to make a determination whether or not having looked at the claims for infringement dilution and cyber squatting whether the first amendment protects Rothschild from liability. They found very specifically that it does not so in some ways implicitly, maybe if we look at the jury charge the jury was saying we don't really consider this to be art he says.
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