Samuel A. Lewis, a member in Cozen O’Connor’s Intellectual Property Litigation group, discusses the “collision” of first amendment, fair use protection and trademark rights in the case The Board of Trustees of the University of Alabama v. New Life Art, Inc. and Daniel Moore. The case concerns the degree to which trademark owners can “control what happens with images where their trademarks are displayed.” After four years of litigation, the case has the potential to be a “major test case” and initial rulings from the federal court in Alabama have been described as mixed. Sam says, “Given the potentially far-reaching impact a case like this may have – potentially defining the limits to the rights that all visual artists have – it’s worth watching to see what happens.”
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