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While most readers will know the difference between a patent, a trademark and a copyright, the proper interplay between the law in these three disciplines is not always easy to decipher. At least that is what the 9th Circuit is finding out as its decision in Fleischer Studio, Inc. v. A.V.E.L.A., Inc. et al., is being roundly criticized by a high powered group including the NFL, Major League Baseball and the Motion Picture Association of America.

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