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What is the correct application of the first sale doctrine in this case? Do you think that Nike has a valid claim of trademark disparagement? Why is it not trademark infringement? Does this disparagement claim mean that the trademark isn’t about consumer confusion anymore? Do you think that copyright and trademark law correctly balances the rights of the content creators with the public’s rights? In what ways can these legal protections be better balanced to enhance our free speech rights and expectations? What are some changes you would suggest to simplify copyright and trademark law and create a better balance?
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