Brand Renegades

Sheff, Jeremy N.

doi:10.2139/ssrn.1919328

Abstract

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Brand Renegades

Jeremy N. Sheff

St. John's University School of Law

August 29, 2011

St. John's Legal Studies Research Paper No. 1919328

Abstract:
Recent appearances of trademarks in popular culture – in rap lyrics, on reality TV shows, even in youth riots – have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Essay argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners’ control.

Number of Pages in PDF File: 31

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Date posted: August 31, 2011 ; Last revised: February 15, 2012

Suggested Citation

Sheff, Jeremy N., Brand Renegades (August 29, 2011). St. John's Legal Studies Research Paper No. 1919328. Available at SSRN: http://ssrn.com/abstract=1919328 or http://dx.doi.org/10.2139/ssrn.1919328

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Jeremy N. Sheff (Contact Author)

St. John's University School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States
718-990-5504 (Phone)