Now that The White Lotus has wrapped, talk of Duke University is fading. But as attorneys who love both Duke and the intersection of trademark law and entertainment, we want to keep the conversation going.
Duke stirred controversy when a character in The White Lotus wore a “DUKE” sweatshirt during a tense scene. The university objected, stating that the use of its federally registered trademark could confuse viewers and falsely imply endorsement. Duke contended that the show’s use of its brand was “troubling, does not reflect our values or who we are, and simply goes too far.” Let’s unpack.
A trademark identifies and distinguishes the source of goods in commerce. For example, the Jack Daniel’s trademark identifies its whiskey brand. Most recently, in Jack Daniel’s Properties v. VIP Products (2023), the Supreme Court emphasized that infringing use occurs when a trademark’s source-identifying function is undermined. In that case, the Court held that defendant infringed the Jack Daniel’s mark by using a logo intentionally reminiscent of the brand on its “Bad Spaniels” dog toys.
However, The White Lotus doesn’t use Duke’s name to identify the source of the show, so the VIP Products case doesn’t apply. Instead, under Rogers v. Grimaldi and its progeny, an artistically relevant use of a trademark in expressive works doesn’t violate trademark law unless it explicitly misleads consumers.
This principle was affirmed in University of Ala. Bd. of Trustees v. New Life Art, Inc. (2012), where the court found that realistic depictions of team uniforms in paintings did not violate trademark law. The same logic applies to Duke’s sweatshirt cameo—it has artistic relevance and does not explicitly mislead.
Duke’s concern that the scene was “troubling” or “went too far” is legally irrelevant. As courts have emphasized, artistic expression outweighs speculative confusion unless there’s a clear misrepresentation.
In short, Duke should brush it off, enjoy the publicity, and focus on what truly matters—next year’s basketball championship.