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Today's fake exam question

By Rebecca Tushnet

At the Smithsonian Folklife Festival, I bought earrings made by Kathy Whitman from recycled soda cans. On her site, you can choose which brand of can you want for your order; I just bought ones made from Coke Zero off the shelf. Given the Ninth Circuit's recent ruling that confusion trumps first sale, and given that Coca-Cola itself licenses recycled Coke can jewelry, what happens to Whitman? Bonus: the earrings I bought were made from Olympic sponsorship cans, and have a substantial portion of the five rings on them. How should S.F. Arts & Athletics, or whatever rule you believe is the law today, apply to this use?

Full post as published by 43(B)log on June 27, 2010 (boomark / email).