A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)
Patently-O
JULY 19, 2023
Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. How should we balance free speech, parody, and fair use concerns?
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