Keith Markel, Fred Perkins and Nicole Rallis Examine Free Speech and Trademark Claims in The Global Legal Post
Morrison Cohen Partner Keith Markel, chair of the Labor & Employment Practice and co-chair of the Luxury Brands Group, along with Technology, Data & IP Partner and Co-Chair Fred Perkins and Associate Nicole Rallis, recently published “Brands, Bands, Trademarks and the First Amendment” in The Global Legal Post.
In the article, the authors analyze free speech and infringement claims arising from luxury clothing company Chrome Hearts’ lawsuit against music legend Neil Young. The suit alleges that Young’s use of “Chrome Hearts” in the name of his backup band, as well as on t-shirts and other merchandise, infringes the company’s registered trademarks.
Although the suit is still in its early stages, it provides a clear example of how a 2023 U.S. Supreme Court decision could support the clothing brand’s position, even though Young is engaged in First Amendment-protected artistic expression.
As the authors note, “Although Young may try to ‘keep on rockin’ in the free world,’ he may discover that there is a price he did not anticipate for having a backing band with the same name as a well-known luxury clothing brand like Chrome Hearts.”
Read the full article in The Global Legal Post here.
Contacts
- Keith A. Markel Partner & Chair, Labor & Employment; Co-Chair, Luxury Brands
- kmarkel@morrisoncohen.com
- Fred H. Perkins Partner & Co-Chair, Technology, Data & IP
- fhperkins@morrisoncohen.com
- Nicole P. Rallis Associate
- nrallis@morrisoncohen.com
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