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INTA and MPAA decry Betty Boop ruling

Eileen McDermott, New York

INTA and the Motion Picture Association of America are urging the Ninth Circuit Court of Appeals to rehear a case that they argue conflates copyright and trade mark law and would drastically expand the so-called aesthetic functionality doctrine

Last month, a majority of the panel in Fleischer Studios v AVELA said that Fleischer Studios held neither a valid copyright nor valid trade mark for the well-known US cartoon character, Betty Boop, dismissing Fleischer’s infringement claims against AVELA.

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