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Fashion, NFTs, and Artistic Expression

The Art Law Podcast

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How to Prove a Trademark Infringement

There are two different tests that can be used depending on whether this is considered to be art or whether it's just commercial use and maybe let's start their Emily. At a basic level trademark infringement happens where consumers are confused about the source of goods they think that that Tiffany blue box came from Tiffany's but in fact it came from Mr. Friendly's jewelry shop. Hermes points to say yeah actually there was confusion and then they also go to great lengths to plead that Rothschild is you know a marketer and business person only concerned with profitsBasically that he's selling widgets and nothing more to make money and is a master for marketer but not an artist.

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