The Web site for Smack Apparel, which sells T-shirts parodying college sports, boasts that its products are "Licensed Only by the First Amendment." Unfortunately for Smack Apparel, the Lanham Act has gotten in the way. A federal judge in Louisiana has barred the company from appropriating school colors, using Smack's own statements and advertisements to deny the company's claims of fair use, in what winning attorneys said is the first decision extending trademark protection to color schemes.
August 03, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The Web site for Smack Apparel, which sells T-shirts parodying college sports, boasts that its products are “Licensed Only by the First Amendment.”
But a federal judge has barred the company from appropriating school colors in what winning attorneys said is the first decision extending trademark protection to color schemes.
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