The original decision by the Ninth Circuit Court of Appeals inFleischer v. A.V.E.L.A. has been discussed at length for its reliance on the aesthetic functionality doctrine to find the
Copyright vs. Trademark Claims
Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.
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