Brought to you free by Millenium Hilton
First Amendment Bars Many Lanham Act Claims Concerning Artistic Uses of Trademarks
Darren W. Saunders and Alpa V. Patel of Manatt, Phelps & Phillips write: Where trademarks are used in artistic works, two competing interests come into playa trademark owner’s right to prevent consumer confusion, and the First Amendment right of freedom of expression. Both are important and worthy of strong protection. So where lies the boundary? Several recent federal court decisions provide guidance.
