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Intellectual Property

Feb. 27, 2023

Eleventh Circuit affirms MTV Floribama Shore does not infringe Flora-Bama Trademark

The court rejected the "Flora-Bama" trademark owners' argument that a title is artistically relevant only when its use is necessary to complete the artistic work.

Lee S. Brenner

Venable LLP

UC Hastings

Lee Brenner, chair of Venable's Entertainment and Media Litigation Group, is a trial attorney and business litigator based in the firm's Los Angeles office.

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Tatiana A. Nikolaeva

Associate
Venable

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In its recent decision MGFB Properties, Inc. v. Viacom Inc, the United States Court of Appeals for the Eleventh Circuit reaffirmed the importance of striking a balance between protecting trademark rights and guarding freedom of speech.

In particular, the Court affirmed dismissal of a trademark infringement lawsuit against the producers of MTV Floribama Shore in MGFB Properties, Inc. v. Via...

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