Out of Bounds: Defining the Boundaries of Trademark and Artistic Expression in University of Alabama v. New Life Art

摘要

New Life Art Ⅱ addressed the conflict between the First Amendment right of expression in artistic works and the trademark protection provided by the Lanham Act. Current First Amendment jurisprudence provides that expressive speech, such as art and film, is noncommercial and entitled to full First Amendment protection. By extending the Rogers test to protect the use of marks when artistically relevant and necessary for realism, the Eleventh Circuit has reinforced the strength of First Amendment rights and embodied the significance of sharing and enjoying important cultural symbols.