White Lotus X IP Law (No Spoilers)

By: Gabriella Fernandez

Timothy Ratliff proudly wears his Duke-branded merchandise throughout this season of White Lotus - sometimes in morally ambiguous situations. The New York Times recently spotlighted a compelling intersection of pop culture and trademark law on this topic. The portrayal has reportedly raised concerns at the university, but whether there’s a viable legal claim is another matter.

As journalist Scott Cacciola explains, Duke may face an uphill battle. Trademark infringement claims typically require a showing of consumer confusion or unauthorized commercial use. Here, HBO isn’t selling branded merchandise or suggesting university endorsement. Instead, the mark’s appearance serves a narrative function within a fictional work—context that generally enjoys broad First Amendment protection.

Courts have consistently recognized the importance of artistic expression, particularly in non-commercial settings, often placing it above strict brand control. Brand owners justifiably may have concerns about certain portrayals, but enforcement options can vary and it depends if the use falls within the scope of expressive content.

This issue comes up a lot in our practice and also brings with it many questions. In an era where brand visibility in entertainment is constant and complex, how can rights holders navigate these scenarios effectively?