Trademark Lawsuit Provides Arena for Clash of the Titans: Andy Warhol vs. The Velvet Underground

In the movie Clash of the Titans , Liam Neeson's memorable (and often parodied) quote is: "Release the Kraken," the Kraken being a giant creature that dwells at the bottom of the sea. To view the scene, click the image below. Two giant creatures have been released into trademark...

Football Powerhouse, University of Alabama, Suffers Defeat in 11th Circuit Trademark / Football Painting Case

The Alabama Crimson Tide came rolling into court this week only to find its trademark claims stuffed at the goal line. Who did the stuffing? The First Amendment, with a little help from the 11 th Circuit. As the court stated: [W]e have no hesitation in joining our sister circuits by holding that we...

LaFrance on First Amendment Protection for Expressive Works Depicting Trademarks

In University of Alabama Bd. of Trustees v. New Life Art, Inc., 2012 U.S. App. LEXIS 11794 (11th Cir. June 11, 2012) [ enhanced version available to lexis.com subscribers ], the Eleventh Circuit joined several other circuits in recognizing a high degree of First Amendment protection for traditional...