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Read the case and then answer the questions.
Bob is an artist who creates paint
Read the case and then answer the questions.
Bob is an artist who creates paintings inspired by popular movies and
TV shows. He sells his paintings on his website and at local art shows.
Recently, he painted a portrait of a character from a popular movie
franchise and began selling prints of the painting on his website. The
owner of the movie franchise, ABC Productions, sends Bob a cease and
desist letter claiming that the portrait infringes on their trademark
and copyright. Bob disagrees and argues that his painting is a
transformative work of art and is protected by fair use.
Discuss the legal issues at play in this scenario with respect to
trademark and copyright law. In your essay, consider the following
questions:
Does ABC Productions have a valid claim of trademark infringement
against Bob? What factors should be considered in this analysis?
Does ABC Productions have a valid claim of copyright infringement
against Bob? What factors should be considered in this analysis?
Can Bob argue that his painting is a transformative work of art and
is protected by fair use? What factors should be considered in this
analysis?
Are there any other legal or ethical issues at play in this scenario that should be considered?
In your essay, you should use relevant legal principles and cases to
support your analysis and conclusions. You should also consider the
policy considerations underlying trademark and copyright law and how
they may apply to this scenario.
Make sure to include the following:
Trademark defined completely, applied fully to case’s facts.
Full 8-part test shown and analyzed
Copyright defined completely, applied fully to case’s facts.
Full four-part fair use test defined, explained and applied
https://revisionlegal.com/trademark/trademarks/trademark-infringement-test/
https://www.law.cornell.edu/wex/lapp_test
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