"A Cosmic Conundrum
To unpack the result of this decision, let’s return to space. In a hypothetical scenario in which a private citizen infringed on the Star Trek copyrights, ViacomCBS could easily bring a lawsuit against them. If ViacomCBS believes that the Space Force seal infringes on its copyrights, then it can sue the U.S. government. But if a hypothetical North Carolina Space Force decided to use the Starfleet seal without permission, then ViacomCBS would be left without recourse against the state government.
To paraphrase Justice Breyer, something certainly seems “amiss” about this disparity. As he suggested in his concurrence, this case creates the potential for quite the cosmic copyright conundrum."
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