CHALLENGE COINS, PATCHES, & ACCESSORIES
First Amendment Right
A recent ruling in the 11th Circuit was handed down whereas the court recognized the basic First Amendment rights and took a broad view of the use of trademarks in artistic works, deeming them legal.
The court relied upon Rogers v. Grimaldi -- which was focused on publicity rights and featured a Lanham Act component.
The Court’s ruling stated that the First Amendment issue trumps all, and the "likelihood of confusion" was minimal and secondary to the First Amendment concerns.
They concluded that various commercially offered items were protected under the Rogers test. The depiction of the trademarked items in the content of the items was artistically relevant to the expressive underlying works because the designs were needed for a realistic portrayal. There was also no evidence that the items were marketed as “endorsed” or “sponsored” by the entities.
Our coins are very clear embodiments of artistic expression, and are entitled to full First Amendment protection.
The extent of our collectibles are to memorialize and enhance a feeling of patriotism. In the interest of artistic expression precludes any violation of the Lanham Act.
Rogers, 875 F.2d at 1001.
Know Before You Go
When ordering custom coins, you are responsible for any and all trademarks and copyrights. By submitting your design, you warrant that you have the legal right to reproduce (or have reproduced) any logos or images associated with your order. You also certify that the reproduction of any images you submit does not infringe upon any intellectual property rights.