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Johnson and Johnson's Cancer Lawsuits

Bloomberg Law

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Is There a Rogers Test for a Hermes Birkin Handbag?

Rothchild's story has changed over time. The defense strategy is try to bring itself within the Rogers v. Grimaldi test, which is a tricky test and provide the First Amendment protection against trademark infringement. Rothchild says they're not replica Birkins, but there are that depicts an imaginary bag.

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