Published in the Sept.-Oct. 2022 edition of The Trademark Reporter

“Life imitates art far more than art imitates life,” according to Oscar Wilde; and therefore, our perception of life is changed by art. Watching a sunset may remind you of an artist’s painting for in that moment life imitates art. The beauty of nature is appreciated because artists feature that beauty in their paintings. Artists have latitude to create a work of art according to their vision, and their right to do so is protected under the First Amendment of the United States Constitution; yet, this right is at times at odds with other
rights, including trademark rights. We must not unconditionally revel in the glories of creativity without also respecting the Trademark Act of 1946 (the “Lanham Act”).

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