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Loeb & Loeb Litigation partner Frank D’Angelo is quoted in Law360 discussing Duke University’s concerns over the depiction of its branding in the HBO series The White Lotus. The university objected to a scene in which a character, wearing a Duke T-shirt, experiences a mental health crisis, arguing that the use of its trademarks could create confusion about an endorsement or affiliation.
"[The Rogers test considers whether the trademark use is] expressly misleading in the sense that it causes members of the public to believe that the university endorses or is otherwise affiliated with the series,” he said, adding that because HBO’s use of Duke branding is integral to the character’s story, it strengthens the case for artistic relevance.
For more information, read the full article on Law360’s website.
"[The Rogers test considers whether the trademark use is] expressly misleading in the sense that it causes members of the public to believe that the university endorses or is otherwise affiliated with the series,” he said, adding that because HBO’s use of Duke branding is integral to the character’s story, it strengthens the case for artistic relevance.
For more information, read the full article on Law360’s website.
