MTV Beats Trademark Suit Over 'Floribama Shore'

By Bill Donahue (September 23, 2021, 10:49 AM EDT) -- A Florida federal judge ruled Wednesday that the MTV reality show "Floribama Shore" didn't violate the trademark rights of an oyster bar called the Flora-Bama, rejecting the case on First Amendment grounds.

Siding with MTV owner Viacom Inc., U.S. District Judge Robert L. Hinkle ruled that lawsuit had failed the so-called Rogers test — a longstanding rule that makes it difficult to sue over the use of trademarks in creative works like movies or television shows.

"This case arises at the intersection of the Lanham Act, which protects trademarks, and the First Amendment, which protects, among other things, artistic works that,...

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