In a recent case involving artist, Daniel Moore, whose paintings depicted historic moments in college football history which caused the University Of Alabama Board Of Trustees to secure their trademark rights gave way to a huge victory for artist worldwide and Moore.
Hollywood artist can now feel free to use trademarked brands to express an artistic work. Judge Robert Lanier Anderson states “An artistically expressive use of a trademark will not violate the Lanham Act ‘unless the use of the mark has no artistic relevance to the underlying work whatsoever, or, if it has some artistic relevance, unless it explicitly misleads as to the source or the content of the work.’”
This has been an increasingly important issue in Hollywood as more trademark holders are looking to guard their brands. Warner Bros. is currently fighting mega luxury brand Louis Vuitton over the use of a knock off hand bag in the Hangover II.
The appellate court concluded that “First Amendment interests in artistic expression so clearly outweigh whatever consumer confusion that might exist.”
The 11th Circuit Court of Appeals decision on Monday secured that artist’s first amendment rights will be protected in artistic works.
This breakthrough in trademark usage will be a huge plus for artists and filmmakers seeking to use brands for an artistic depiction.