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To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademarklaw. They are part fashion, part artwork, part branding and part character.
While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•
Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” In 2008, Congress added 17 U.S.C. § Copyright Office, Annual Report of the Register of Copyrights, Fiscal Year Ending September 30, 2008 , at 12–13 (2008).
I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademarklaws.
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