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Defendant argues, based mostly largely on Rogers, in addition to on L.L. Bean, that chance of confusion is irrelevant since Spy Notes is a type of artistic expression. As a ebook or booklet, Spy Notes is definitely a form of inventive expression. At the same time, Spy Notes is intended to be sold, and is subsequently concurrently inventive and commercial. Such hybrid works, like films, plays, books and songs, are topic to some authorities regulation since “the danger of consumer deception remains a legit concern.” Rogers, supra, 875 F.second at 997. Whereas defendant stresses the necessity to protect artistic expression, noting that the parody in query right here just isn’t “a can of peas”, the Second Circuit famous that “poetic license isn’t without limits. The purchaser of a e book, like the purchaser of a can of peas, has a proper not to be misled as to the source of the product.” Id. at 997-98.
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This isn’t to counsel, however, that when utilizing No Worry my college students do not get any follow with wrestling with Shakespeare’s stunning language. Although my college students have the translation in front of them, there are occasions within the play we are going to cease as we strategy a key scene—the recommendation scene, for example, or the To be or not to be” soliloquy— and I’ll have them close their books and wrestle with the translation cliff notes reviews. These wrestling matches, however, are focused and highly selective. They are designed to give my college students some experience encountering the unique language, but not to the point where the studying of your complete play will get slowed down. I stay cognizant that there’s a tipping level between some practice and an excessive amount of follow.
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