Constitutional Law — First Amendment — trademarks

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United States Court of Appeals For the Seventh Circuit

Civil

Constitutional Law — First Amendment — trademarks

Where a grocery store chain ran a full-page ad congratulating Michael Jordan on his induction into the Hall of Fame in a magazine, the First Amendment does not provide a constitutional defense to claims under the Lanham Act and state law right to publicity claims.

“Jewel’s ad, reproduced below, prominently features the ‘Jewel-Osco’ logo and marketing slogan, which are creatively and conspicuously linked to Jordan in the text of the ad’s congratulatory message. Based on its content and context, the ad is properly classified as a form of image advertising aimed at promoting the Jewel-Osco brand. The ad is commercial speech and thus is subject to the laws Jordan invokes here. The substance of Jordan’s case remains untested, however; the district court’s First Amendment ruling halted further consideration of the merits. We remand for further proceedings.”

Reversed and Remanded.

12-1992 Jordan v. Jewel Food Stores, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Feinerman, J., Sykes, J.