Article: A CELEBRITY BALANCING ACT: AN ANALYSIS OF TRADEMARK PROTECTION UNDER THE LANHAM ACT AND THE FIRST AMENDMENT ARTISTIC EXPRESSION DEFENSE

A CELEBRITY BALANCING ACT: AN ANALYSIS OF TRADEMARK PROTECTION UNDER THE LANHAM ACT AND THE FIRST AMENDMENT ARTISTIC EXPRESSION DEFENSE

I. INTRODUCTION

In September of 1998, the rap music duo OutKast released the album Aquemini, which contained the popular song, Rosa Parks.1 On the Aguemini album cover, next to a label describing Rosa Parks as a "hit single," is a Parental Advisory sticker warning of the song's explicit content.2 The lyrics of the song's hook, or chorus, are as follows:

Ah ha, hush that fuss

Everybody move to the back of the bus

Do you wanna bump and slump with us

We the type of people make the club get crunk3

The song contains no direct reference to Rosa Parks4 other than ...

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