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Brand Renegades

31 Pages Posted: 31 Aug 2011 Last revised: 15 Feb 2012

Jeremy N. Sheff

St. John's University School of Law

Date Written: August 29, 2011

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.

Suggested Citation

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

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)

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