First Amendment Bars Many Lanham Act Claims Concerning Artistic Uses of Trademarks

, New York Law Journal

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Darren W. Saunders and Alpa V. Patel of Manatt, Phelps & Phillips write: Where trademarks are used in artistic works, two competing interests come into play - a 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.

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