Native American Mascoting in K-12 Schools

Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is a continuation of our conversation about renaming entities, including educational institutions, public spaces and museums, and holidays like Columbus Day. Native American names, symbols and innuendos have been used in the sports world for more than a century. While many college and professional sports teams have addressed their offensive mascots and sport traditions, there […]

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Fair Use Defense After Warhol v. Goldsmith SCOTUS Decision

Carolyn Wimbly Martin and Sara Etemad-Moghadam

On May 18, 2023, the Supreme Court, in a 7-2 opinion, affirmed the decision of the United States Court of Appeals for the Second Circuit in favor of photographer Lynn Goldsmith (“Goldsmith”) holding that the “purpose and character” of the particular commercial use by the Andy Warhol Foundation (“AWF”) of Goldsmith’s photograph did not meet […]

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Satire and Parody in the Recent SCOTUS Decisions

Carolyn Wimbly Martin and Dana Sussman

Update: The Ninth Circuit case Diece-Lisa Industry, Inc. v. Disney Store USA LLC, U.S., No. 22-347, may shed some light on the line between artistic expression and source identification. Originally, the Rogers test had cleared Disney’s use of the mark at issue, but the case has been remanded in light of Jack Daniel’s Inc. v. […]

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