Can a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.”
In this episode, they cover:
– Whether a phrase can function as a protectable trademark or just a descriptive title
– How the Rogers test applies to tour names and merchandise
– What recent Supreme Court rulings mean for First Amendment defenses in trademark law
From concert tours to commercial merch, the line between branding and expression is getting harder to define. Tune in for a clear look at where trademark law meets the First Amendment.
Watch this episode on our YouTube or listen to the podcast here.