Document Type
Article
Publication Title
NYU Journal of Intellectual Property & Entertainment Law
Publication Date
2011
Volume
1
First Page
128
Abstract
Recent appearances of trademarks in popular culture-in rap lyrics, on reality TV shows, even in youth riots have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Article argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners' control.
Comments
Available at: https://jipel.law.nyu.edu/vol-1-no-1-4-sheff/