Forbes: Is Romney Campaign Infringing 'Friday Night Lights' Creator's Trademark?

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http://www.forbes.com/sites/jeffbercovici/2012/10/27/is-romney-campaign-infringing-friday-night-lights-creators-trademark/

Hollywood and the Republican Party have never been BFF, so it came as no great surprise when Mitt Romney’s presidential campaign ignored a request by filmmaker Peter Berg to stop using a catchphrase from his TV drama “Friday Night Lights” at its rallies. But when Team Romney started selling bracelets with the phrase on them to supporters, it became guilty of more than impoliteness.

By manufacturing and selling merchandise bearing what arguably constitutes a piece of trademarked intellectual property, Romney opened itself up to potential legal action, say experts.

“There’s a dividing line between free speech and commercial speech, and merchandise falls on the far side,” says Jonathan Kirsch, a publishing and intellectual property lawyer in Los Angeles.

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After Romney began using it in his stump speech, Berg quickly objected, accusing the candidate of “plagiarism.” Yet Romney’s initial use of the phrase appeared to constitute “fair use” protected by the First Amendment, says Kirsch. It was in putting it on merchandise that Romney arguably infringed on Berg’s trademark, he says.

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