Netflix Dispute May Alter ‘Source’ in Trademark Fair-Use Analysis
Expert Analysis Column
Published in December 2024 in Law360, this article discusses a trademark dispute between Netflix and a drag queen who was portrayed in a Netflix animated series without her permission. In these types of cases, defendants like Netflix have greater First Amendment latitude, under the Rogers fair-use defense, to use others’ trademarks when the use does not identify the “source” of a product or service. The article explores what it means to identify “source” when a celebrity’s image/likeness is used in entertainment media in a manner that allegedly constitutes a false endorsement by the celebrity. The article was published as an expert analysis piece in December 2024 in Law360, the nation’s largest legal news-dedicated publication.
Citation: Sara Gold, Netflix Dispute May Alter ‘Source’ in TM Fair-Use Analysis, Law360 (Dec. 6, 2024, 5:46 PM), available at https://www.law360.com/ip/articles/2270141/netflix-dispute-may-alter-source-in-tm-fair-use-analysis.