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Bodily Appropriation" Of A Creative Work: Can Trademark Law Provide A Remedy When Copyright Law Cannot?

By Jeanne Hamburg
April 01, 2003

Can the victim of infringement of a creative work find relief under the trademark law, when relief under the copyright law may not be available, without the need to prove likely consumer confusion? With the Circuit courts split, the Supreme Court recently agreed to decide the issue in Dastar Corp. v. Twentieth Century Fox Film Corp., U.S. NO. 02-428 (granting cert. on January 10, 2003)

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