Trademarks abound in our culture, from designer jeans to designer water. Trademarks not only are important to manufacturers of consumer goods but also are critical to the entertainment and media industries. Motion picture and television titles may not be protected by copyright, but they do enjoy trademark protection. So do the distinctive names and logos of virtually every network, studio, distributor and producer. As a general matter, trademark owners enjoy a variety of legal protections under the Lanham Act, 15 U.S.C. A trademark owner has the right to prevent others from using its mark in a manner that is likely to confuse consumers about the source or sponsorship of the goods or services offered by the other user.  The Lanham Act also protects against trademark dilution, which generally refers to the use by one company of a competitor's famous mark in a manner that would either tarnish or dilute the distinctiveness and value of the mark.

But federal trademark law does not protect against every potential use of another's mark. Athletes and musicians sometimes may describe themselves by their past affiliation to a sports team or musical group. Whether a particular use of another company's trademark is permissible or an infringement has spawned considerable litigation. The past few years have seen a proliferation of "oldies" and "reunion" tours that feature one or more of the original members of once-popular rock 'n' acts. Sometimes, former members of the same group attempt to use the old band's name, inevitably leading to trademark disputes. The most recent addition to this playlist is the Beach Boys.  This article explains the nominative fair use of protected marks in this case and others.

For reprints of this article or additional information, contact the author David Halberstadter.