Fashion, NFTs, and Artistic Expression
The Art Law Podcast
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The Court's Decision in Rogers v. Grimaldi
The court here sort of sees this as like a fork in the road where you either go to greener and jar which is sort of straight up where consumers confused or do you have to first look at Rogers v Grimaldi. If it's artistic expression trademark law doesn't apply unless there's some much more extreme behavior correct? And then we don't need that extreme behavior if it's not artistic expression because we've decided as a policy matter now in the law that for commercial activity the first amendment doesn't come into play.
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