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Article: A CELEBRITY BALANCING ACT: AN ANALYSIS OF TRADEMARK PROTECTION UNDER THE LANHAM ACT AND THE FIRST AMENDMENT ARTISTIC EXPRESSION DEFENSE
- Article from:
- Northwestern University Law Review
- Article date:
- July 1, 2005
- Author:
CopyrightCopyright Northwestern University School of Law Summer 2005. Provided by ProQuest LLC. (Hide copyright information)
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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 ...