Fashion Victim, Inc., sells a T-shirt called Skeleton Woopee with a fanciful design depicting skeletons engaging in

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Fashion Victim, Inc., sells a T-shirt called Skeleton Woopee with a fanciful design depicting skeletons engaging in sexual activity in seven different positions. Skeleton Woopee is Fashion’s best-selling product. Fashion sold 55,000 shirts since the shirts’ introduction in 1990. In 1992, Sunrise Turquoise, Inc., featured a shirt in its catalogue that was very similar to the Skeleton Woopee T-shirt. Fashion Victim sued Sunrise for copyright infringement. At trial, the evidence indicated that Sunrise had heard of the idea of a T-shirt depicting skeletons in sexual positions from a potential customer but had not seen or directly copied the Skeleton Woopee shirt. Should Sunrise be held liable for copyright infringement? Why or why not?

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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